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ACTS 


OF   THE 


GENEEAL  ASSEMBLY 


OF   TIIE 


STATE    OF    VIEGINIA, 


PASSED    IN    1861, 


IN   Till". 


EHillTY-FIFTH  YEAR  OF  TIIE  OiMMnX  WEALTH. 


RICHMOND: 

WILLIAM     f,     I.I  :<   HIT.     PUBLK       T I :  I  N  I  I  K. 

L861. 


PUBLIC  OR  GENERAL  ACTS. 


\ 


Chap.  1. — An  ACT  imposing  Taxes  for  the  Support  of  Government. 
Passed  Ar>ril  3,  1861. 

1.  Bo  it  enacted  by  the  general  assembly,  tliat  the  taxes  on  the 
persons  and  subjects  in  this  chapter  mentioned,  or  required  by  law 
to  be  listed  or  assessed,  shall  be  yearly  as  follows : 

Taxes  on  lands  and  lots. 

On  tracts  of  lands  and  lots,  with  the  improvements  thereon,  not  Tax  on  land 
exempt  from  taxation,  forty  cents  on  every  hundred  dollars  value 
thereof:  and  herein  shall  be  included  all  tracts  of  lands  and  lots,  Whet  Included 
with  improvements  thereon,  not  otherwise  taxed  or  exempt  from  tax-  t'"r',n 
atiun.  of  incorporated  joint  stock  companies,  sayings  institutions  and 
insurance  companies. 

On  personal  property. 

2.  On  all  the  personal  property  (excepting  provisions  and  wool  of  Onpenonalpra- 
last  year's  clip,  but  this  section  shall  not  be  so  construed  as  to  ex-  ' 

elude  from  taxation  any  provisions  purchased  for  sale  by  the  holder 
thereof),  moneys  and  credits,  as  defined  in  this  section,  including  all 
capital,  personal  property  and  moneys  of  incorporated  join!  stock 
companies  (other  than  rail  road,  canal  or  turnpike  companies),  and 
all  capital  invested*  used  or  employed  in  any  manufacturing,  trade 
or  other  husiness.  forty  cents  on  every  hundred  dollars  value  thereof. 
But  slaves  and   property  Otherwise  taxed,  and   property  from  which  What  Included 

anyinoome  bo  taxed  is  derived,  or  on  the  capital  invested  in  any, 

trade  or  business,  in   respect   to  which  a  license  so  taxed   U  issued, 

certificates  of  stuck,  moneys  and  personal  property  that  constitute 
pari  of  tlie  capital  of  any  bank,  savings  institutions  and  inaurai 
companies,  whether  incorporated  by  this  or  any  other  state,  which 
haw  declared  dividends  within  one  year  preoeding  the  Brsl  daj  of 
February,  of  as  much  ai  six  pa  cent,  profits,  shall  art  be  taxed 

under  the  provisions  of  this  section.  The  word  "  moneys"  shall  be 
Construed  BO  include  not  only  gold,  silver  and  (  opp  r  coins,  but  bul- 
lion and  bank  notes.  The  word  "credits"  shall  be  construed  BO 
mean  all  bank,  state  or  corporation  ifa  I  I  r  demands  OK 

or  coming  to  any  person,  whetnei  due   or  not.  and  whether  payable 

in  money  or  other  thin;;,     kfooeyi  and  credit-  owned  by  any  reattfSjfl 


4 

bin  <>r  without 

ion. 

laVC    who 

tyh  vy  111 

i<h  infirmity  <t  n<. I.  one  dollar  :iu<l   tw.nty  < 

charter  from  taxation,  shall  1 
nption  from  taxation  of 
;i..u  of  tl  ition,  "T  by  any  la*  cxemptin 

!  companies,  upon  tl 

-in  freight  and 

. 

l.i  >m  ■  \  cry  male  (V  of  twenty- 

hall  hereafter  ft  "r 

colli  icb  male  I  of  the  «itli  of  April 

iixation  board. 

. 

S    On  i    ■  ry  \siiit«-  male  inhabitant  who  hai  attained  the 

not  exempted  from  taxation  by  ordk  r  of  oonrt  in 
-lily  infirmity,  • 

1     On  the  interest  .>r  profit  which  mayhavi 

i  •  i  i        i  I.  .i 

t,  or  wliii-h  may  have  I"  en  received  by  an]  person,  ">r  converted 

into  prinoipal  to  a>  i"  become  an  interest-bearing  Bnbject,  or  other*- 

appropriated,  within  the  year  n<  .  1 1  ir  the  first  di 

rom  liuiuls  and  certificates  ol  debt 

of  this  or  any  oth  or  an]  corporation  oreated  by 

tin-  whether  the  i<  h  company  I 

empt  from  taxation  or  not,  six  and  two-thirds  per  oentmn.     Bnl  snob 

inten  si  •  -.r  profits  derived  from  bank  stools  or  *h  i nt-t i- 

tm  •  ■  insuraaoe  companies  which  pay  taxes  thereon  into  the 

treasury,  shall  Dot  be  included  herein,  nnli  ted  or  otherwise 

appropriated,  and  if  so  invested  <>r  otherwise  appropriated,  the  tax 

then shall  beat  the  rate  of  fort]  oents  npon  evory  hundred  dol- 

value  thereof,     [f  no  ii  lD  lia\.'  been  received  within 

tin-  \. mi-  preoeding  the  iit>t  day  of  February,  then  the  value  of  1 1n- 

principal  of   -in-li  Imiids  chall  I     ;.   -■  ■-.  d  and  taxed  an  other  propi  rly. 

(>n  bank  dividends, 

Bwix dividend i      7.  <  >u  the  dividends  declared  by  any  bank  incorporated  by  this 
state  the  tax  dial]  be  six  and  two-thirds  pet  oentum  npon  the 


TAXES.  "> 

amount. thereof,  to  l>e  paid  into  the  treasury  by  the  bank.    Tf  the 
dividend  be  that  of  a  bank  incorporated  elsewher  shall  be 

sixand  two-thirdi  per  centum  upon  the  amonnl  thereof,  to  be  as- 
i  and  collected  as  other  ta 

On  dividi  nda  of  savings  institutions  and.  insurance  companies. 

8.  On  the  dividends  declared  within  the  year  preceding  the  first  On  dividends  of 
day  of  February,  if  the  same  be  equal  to  or  over  six  per  centum  o  i  raSce 

its  capital,  by  Bavings  institutions  and  insurance  companit  .  to  be1 
paid  by  Buch  institutions  and  companies  into  the  treasury  respec- 
tively, Bis  and  two-thirds  per  centum;  but  if  Bach  dividend  be  nol 
equal  to  bu  pi  r  centum  <if  fik-Ii  oa]  ipital  Bhall  l>e  list  d  and 

th<  r  properly. 

lividends  of  companies  m  ■'  by  this  state. 

'.'.   On  dividends  of  rail  road,  steam  boat,  telegraph  or  other  like  d 
companies,  nol  incorporated  by  this  Btate,  the  lax  shall  be  sis  and'; 
two-thirds  per  centum,  to  be  listed  and  charged  to  the  recipient 
such  dividends.     If  smli  dividend  lie  nol  equal  i"  six  per  centum  of 
such  capital,  its  capital  shall  be  listed  and  taxed  as  oilier  property. 

On  income. 

10.  On  the  income,  salary  or  fees  r   eived  during  the  year  ending  moor 
the  fir>t  day  of  February  of  each  year,  in  consideration  of  the  i 

charge  of  any  office  or  employment  in  the  service  of  the  Btate,  or  in 
leration  of  the  discharge  of  any  office  or  employment  in  the 
e  of  any  corporation,  or  in  th  of  any  company,  fin 

i    that  of  a  minister  of  the  gospel,  i 
one  per  centum  upon  so  much  then  hundred  dol- 

nndi  r  this  section  1  \  ofl. 

government  receiving  the  same  out  of  th<  .  Bhall  be  dedu<  I 

at  thi  ble  "n  the  annual  galarj  mount  di 

from  the  t  the  time  the  salary  paid;  and  i 

or  other  ii  I  by  the 

oomn 

11.  (  or  annual  value  of  toll  1 
other  tlian  those  toll  brid 

turn. 

by  d< 


i  \\i  B. 
tli'-  ii-'-  "f  tin-  father,  mottu  r.  husband,  wife,  brother,  Bister,  nephew. 

nice-  or  Uni  :il   '!   101  mlaiit  of  BUCfa  <li  t  > -il<-iii.  there  shall  DO  I  tax  of 

two  per  centum  nf  nob  estate. 

/  '  rnal  improvement  <  • 

IUil  road  and  13.    Every    rail    read    company  nr  canal    company  .-liall    hereafter 

report  quarterly,  on  the  fifteenth  day  of  March,  June,  September 
and  December  in  each  year,  t<>  tin-  auditor  of  pnbl  to,  the 

•   number  of  |  transported   and  the  a  number  "f 

mil.  I  by  them  within  this  commonwealth,  and  the  . 

amount  received  by  such  company  for  th<-  transportation  of  freight 
over  such  road  or  canal,  or  any  part  thereof,  or  water  or  other  im- 
provement owned  or  connected  therewith,  daring  the  quarter  of  the 
:  next  preceding  the  first  day  of  the  month  in  which  Buoh  report 
Snob  company,  whose  road  or  canal  i-  only  in  part  within 
the  commonwealth,  shall  report  as  aforesaid  such  portion  only  of 
such  amount  received  for  transportation  of  freight,  as  the  part  of  the 
said  road  or  canal  which  is  within  this  commonwealth,  bears  t"  the 
whole  of  Mn-h  mad  nr  canal,  [f  the  profits  of  Mich  road  or  canal 
consist  in  whole  or  in  part  of  tolls,  the  L.ri"-~  amount  thereof  shall, 
fur  the  purposes  of  this  act,  1"-  construed  i"  be  a  part  of  the  gross 
amount  received  for  the  transportation  of  freight. 

i  i.  such  statement  shall  l"-  verified  by  the  oaths  of  the  president 
and  the  superintendent  of  transportation,  <>r  >>ilu-r  proper  offioer. 
Every  company  failing  to  make  such  report,  shall  be  lined  five  hun- 
dred dollars;  and  any  company  having  a  subordinate  board,  or  any 
board  managing  any  pari  of  its  winks,  may.  bj  its  by-laws,  create 
and  enforce  such  penalties  as  will  secure  proper  reports  of  such  com- 
,  .  A i  the  time  of  making  such  report,  the  company  shall  pay 
into  the  treasury,  for  every  passenger  transported,  a  tax  at  the  rate 
of  one  mill  for  even  mile  of  transportation  of  each  of  Buoh  passen- 

i ■-.  and  a  tax  of  one-half  of  one  per  centum  of  snob  gross  amount 
received  fur  the  transportation  <>f  freight  and  tolls.  Every  buod 
company  paying  bucu  taxes,  shall  nut  be  assessed  with  any  tax  on 
its  lands,  buildings,  cars,  boats  or  ether  property  (other  than  slaves), 
which  they  are  authorized  by  law  to  hold  or  have.  But  if  an]  b 
company  fail  to  pay  such  taxes  at  either  of  the  terms  specified  there- 
for, then  it-  land-,  buildings,  cars,  heals  ami  other  property  shall  be 
immediately  ac  eased  under  the  direction  of  the  auditor  of  pnblio 
■  uni-.  h\  any  person  appointed  by  him  for  the  purpose,  at  its  full 
value,  and  a  tax  shall  at  onoa  be  levied  thereon,  as  on  real  estate 
and  other  property,  at  ton  cents  on  every  hundred  dollars  value,  mi 
account  of  each  quarterly  default,  to  be  collected  by  any  sheriff 

w  li'iiu  the  auditor  may  direct  :  and  such  sheriff  shall  distrain  and  sell 

any  personal  property  <>f  such  company,  and  pay  such  taxes  into  the 
treasury  within  three  months  from  the  time  when  such  assessment  is 
furnished  to  him. 


TAXES. 


Express  companies. 

15.   Every  express  company,  in  addition  to  the  license  tax  on  such  ExpreRR  eompa- 
QOmpany,  on  any  express  business,  shall  make  a  return  to  tlie  audi-  makeaeml?' 
tor  of  public  accounts,  on  the  fifteenth  day  of  June  and  December  t^uStoro?" 
in  each  year,  of  the  total  receipts  of  such  company,  on  account  of  recc'Pt8 
its  operations  within  the  state  of  Virginia,  within   the  six  months 
preceding  the  first  day  of  dime,  and  December  in  each  year.     Such  Returns  tobeon 
returns  shall  be  verified  by  the  oaths  of  the  agent  and  chief  officers 
of  such  company,  at   its  principal  office  or  offices  in  the  state,  in  the 
manner  and  according  to  the  forma  prescribed  by  the  said  auditor, 
Whether  collected  within  or  without  the  state.     Such  express  com- Tax  on  receipts 
pany  shall  pay  on  the  total  receipts  so  reported,  a  tax  of  one-half 
of  one  per  centum,  except  for  the  transportation  of  bank  notes  for  Kxception 
brokers  and  non-residents,  for  which  the  tax  shall  be  one-fourth  of 
one  per  cent,  upon  the  amount  of  bank  notes  transported  ;  and  for  penalty  for  fail 
failure  to  make  such  report  or  pay  such  tax,  a  penalty  of  six  hundred  report P8y  °' 
dollars  shall  be  imposed  on  the  company  so  failing,  to  be  recovered 
as  other  penalties  are  :  provided,  however,  that  no  express  company, 
through  any  of  its  agents,  shall  transact  any  business  appertaining 
to  the  business  of  a  broker,  unless  it  be  for  the  commonwealth. 
Such  principal  officer  shall  require  from  the  several  agents  employed 
by  such  company  a  report  of  their  transactions  on  oath,  which  report, 
so  sworn  to,  shall  accompany  the  report  of  the  chief  officer  to  the 
auditor  of  public  accounts. 

On  suits. 

lii.  When  any  original  suit,  ejectment,  attachment  (other  than  an  Original  suit  * 
attachment  sued  out  under  the  provisions  of  the  eleventh  section  of 
chapter  one  hundred  and  eighty-eight  of  the  Code),  or  other  action 
is  commenced  in  a  circuit,  county  or  corporation  court,  there  shall 
be  a  tax  of  one  dollar;  if  it  be  an  appeal,  writ  of  error  or  superse*  App<:. 
detd  in  a  circuit  curt,  there  shall  be  a  tax  of  two  <lc.ll.irs :  if  it  he 
an  appeal)  writ  of  error  or  SUpi  rsedeaa  in  a  district  court,  three  dol- 
lars and  fifty  cent.-:   ami  if  in  a  court  of  appeals,  five  dollai 

On  .<<-<//.<;. 

17.  When  the  seal  of  a  court,  of  a  notary  public,  or  the  seal  ofsaaiaof  worn, 

,,         ,    ■  ,  .  ,  .     ',  .1, 

the  state  is  anni  \<  <\  to  an]  pap<  r,  exc<  pi  m  those  ■  ipto  >\  by  i 

law.  the  taxes  shall  be  as  followi  i  Poi  the  seal  of  the  state,  two  dol- ' 

for  any  other  seal,  one  dollar  and  fifty  i 

profe  its  oi  bills  or  net.-,  for  the  paj  ment  <>f  a  smaller  sum  than  fifty 

dollars,  die  tax  shaD  be  fifty  cents;  and  herein  shall  be  included  a 

'<>]]  anm  \.  d  to  I  pap  r  in  li<  u  <>f  an  official  sell. 


TAXES. 


<  '      .ills  and  administer 


18.   On  the  proba^  of  every  wifl  or  grant  of  adminiBtration,  there 

shall  be  a  tax  of  one  dollar. 

Deeds. 


Deedn  and  con- 
tractu 


19.  On  every  deed  admitted  to  record,  whether  the  same  he 
recorded  befon  or  not,  and  <>m  every  contraol  relating  t<»  real  estate. 
whether  it  be  a  deed  or  not,  which  is  admitted  to  record,  there  shall 
be  a  tax  of  one  dollar. 


Bank  corpora- 
tions 


I  on  hank  corpora: 

2<).  On  every  law  incorporating  or  chartering  <>r  rechartering  any 
hank  with  a  capital  not  <  xoeeding  two  hundred  thousand  dollars,  the 
hum  of  fifty  dollars;  with  a  capital  of  over  two  hundred  thousand 
dollars,  and  not  exceeding  four  hundred  thousand  dollars,  one  hun- 
dred dollars:  with  a  capital  <•!'  over  four  hundred  thousand  dollars, 
and  not  exceeding  six  hundred  thousand  dollars,  one  hundred  and 
fifty  dollars;  with  a  capital  of  over  ux  hundred  thousand  dollars. 
and  not  exceeding  eight  hundred  thousand  dollar-,  two  hundred  dol- 
lars; and  with  a  capital  of  OVer  eight  hundred  thousand  dollars,  two 
hundred  and  fifty  dollars. 


Manufacturing 

,,ic-« 


Taxes  on  manufacturing  companies. 

21.  On  every  law  incorporating  or  rechartering  any  oil.  iron,  coal 
or  manufacturing  company,  passed  at  the  present  session  of  the 
general  assembly,  if  the  maximum  capital  is  one  hundred  thousand 
dollars  or  less,  fifty  dollars  each:  and  if  it  exceed  that  amount,  one 
hundred  dollars;  and  on  every  law  hereafter  passed,  incorporating  OT 
rechartering  any  oil.  iron,  coal  or  manufacturing  company,  the  sum 
of  one-tenth  of  one  per  cent,  on  the  maximum  capital  of  such  com- 
pany. 

Tar,  I  ami  nihcr  companies. 


at  and  22.    On   every  law  for  the   incorporation  of  any  canal,  rail   road, 

otuer  companlea .  ,.   .  ,  .   ,  .  -,  . 

insurance,  gas  light,  express  or  telegraph  company,  passed  at  the 
present  session  of  the  genera]  assembly,  if  the  maximum  capital  is 
one  hundred  thousand  dollars  or  I  i,  fifty  dollars  each;  and  if  it  ex- 
ceed that  amount,  one  hundred  dollars:  and  on  every  law  hereafter 
passed  lor  the  incorporation  of  any  canal,  rail  road,  insurance,  gas 
light,  expre  or  telegraph  company,  the  sum  of  one-tenth  of  one  per 
Virginia  canal  cent,  on  lie'  maximum  capital  of  such  company:  provided,  that  the 
empted7*  tax    imposed   by  this  section   shall  not  apply  to  the  Virginia  canal 

company. 


TAXES.  !' 

23.  On  everv  law  chartering,  renewing  or  extending  the  chart*  i  im«ta- 
of  any  savings  institution,  passed  al  the  present  session  ol  the  gene- 
ral assembly,  if  the  maximum  capital  is  one  hundred  thousand  dol- 
lars or  loss,  fifty  dollars  each;  and  if  it  exceed  thai  amount,  one 

hundred  dollars:  and  on  every  law  chartering,  renewing  or  extending 
the  charter  of  any  savings  institution,  hereafter  passed,  the  sum  of 
one-twentieth  of  one  per  cent,  on  the  maximum  capital  of  such  in- 
stitution. 

24.  On  everv  law  chartering,  renewing  or  extending  the  charter  of  Private  corpora 
any  private  corporation,  other  than  those  herein  before  mentioned,  Exception! 
and  other  than  acts  for  the  incorporation  of  a  college,  academy, 
seminary  of  learning,  or  literary  or  charitable  institution  or  cemetery, 

passed  at  the  present  session  of  bhe  general  assembly,  if  the  maxi- 
mum capital  is  one  hundred  thousand  dollars  or  less,  fifty  dollars 
each:  and  if  it  exceed  that  amount,  one  hundred  dollars:  and  on 
ev<  ry  law  hereafter  passed  chartering,  renewing  or  extending  the 
charter  of  any  private  corporation,  other  than  those  herein  before 
mentioned,  and  other  than  acts  for  the  incorporation  of  a  college, 
academy,  seminary  of  learning,  or  literary  or  charitable  institution, 
or  cemetery,  the  sum  of  one-tenth  of  one  per  cent,  on  the  maximum 
capital  of  such  corporation. 

On  Licenses. 
Ordinate     , 

25.  The  taxes  on  license's  shall  be  as  follows  : 

On  a  license  to  keep  an  ordinary  or  house  of  public  entertainment,  ordinari 

'    ,  ,-ii  i    c  public  itit.rtain- 

forty  dollars;   and  if  the  yearly  value  of  such  house   and   furniture, 

whether  rented  or  kepi  by  the  proprietor,  exceed  one  hundred  dollars 

and  is  less  than  two  hundred  dollars,  the  tax  shall  be  fifty  dollt 

and  if  the  yearly  value  thereof  exceed  two  hundred  dollars,  there 

shall  be  .'"hied  to  the  las!  mentioned  sum  fifteen  per  cent,  on  so  much 

thereof!  two  hundred  dollars ;  and  if  the  license  gran  ;-n;iitax 

,       ,        -   for 

privilege  of  retailing  ardent  Bpinl  ale  or  beer,  to  he  drank  ■ 

here  than  at  such  ordinary,  there  shall  be  added  to  said  lie 

a  tax  of  fifty  dollars  in  addition  to  the  amount  otherwise  imposed ; 
and  if  the  busine  i  he  continued,  there  shall  also  he  a  tax  of  one  p<  r 
centum  upon  the  amount  of  such  sale--  for  the  preceding  year,  in  ad- 
dition to  i  tax. 

/'     ,/fr  entertainments. 

36.    On   a   licence  to  h<  BO  a  house  of  private  entertainment   or 

i       i  "^ 

private  boarding  any  other  house  not  private,  but  kept  tor  bowdiaf  kmM 

public  resort  for  any  purpose,  live  dollan  :   and  if  the  yearly  value  of 

such  house  and  furnitan  fifty  dollars,  and  U  le«  thai 


10  TAXES. 

hundred  dollars,  the  tax  shall  be  ten  dollars.  Tf  the  yearly  value 
thereof  exceed  one  hundred  dollars,  there  shall  be  added  to  the  last 
He  ntioned  sum  ten  per  cent,  on  bo  much  thereof  aa  ex<  eeds  one  hun- 
dred dollars.  Bui  no  house  shall  be  deemed  a  private  boarding  house 
with  Less  than  five  boarders. 

Cool-  shops  and  tailing  nouses. 

Cook  shops  and         27.     On    every  license    t(»    keep  a  OOOk  shop  OT  eating   hOUSO,  fifteen 
ng   oaaaa      ^Qliajjg.  ami  i ! |  addition  thereto,  fifteen   per  cent,  on  so  much  of  the 
yearly  value  thereof  as  exceeds  one  hundred  dollars. 

Bowling  alleys. 

Bowling  alleys  28.  I  »n  every  license  permitting  a  bowling  alley  or  saloon  to  he 
kept  for  a  year,  fifty  dollars;  hut  if  there  is  more  than  one  such  alley 
kept  in  any  one  room,  fifteen  dollars  each  shall  he  charged  for  the 
excess  over  one. 

Billiard  tables. 

uiiiiar.i  labka  29.  On  every  license  permitting  a  billiard  tahle  to  be  kept  for  a 
year,  one  hundred  dollars;  hut  if  there  is  more  than  one  such  table 
kept  in  any  one  room,  fifty  dollars  each  shall  be  charged  for  the  ex- 
cess over  one  table. 

Billiard  tables  and  bowling  alleys;  limitation  and  rate  of  license 

tax. 

Billiard  tables  30.  If  such  billiard  table,  bowling  alley  or  saloon,  be  not  kept 
alleya notkepl  open  more  than  four  months  in  any  one  year,  the  taxes  thereon  shall 
ttoZJSS™  ""b'  be  One-haif  of  these  rates,  but  the  "license  granted  shall,  at  the 

time  of  granting  the  same,  be  for  a  period  of  four  months,  or  for  a 

period  of  twelve  months. 

Bagatelle  tables. 

Bagatelle  tables  31.  On  every  license  permitting  a  bagatelle,  or  other  like  table  to 
be  kept  for  one  year  or  any  less  time,  twenty  dollars  for  the  first,  and 
if  more  than  one,  ten  dollars  for  the  second,  and  five  dollars  for  each 
additional  table  kept  in  the  same  house. 

Livery  stables. 

i.ivery  stables  32.  On  every  license  to  a  keeper  of  a  livery  stable,  one  dollar  for 
each  stall  thereof;  and  herein  shall  be  included  as  stalls,  such  space 
as  may  lie  necessary  for  a  horse  to  stand,  and  in  which  a  horse  is 
or  may  be  kept  at  livery  otherwise  than  for  the  purpose  of  feeding 
horses  by  one  day  only,  and  no  exemption  from  this  license  shall  be 
allowed  to  any  person  in  consequence  of  such  person  being  licensed 
to  keep  an  ordinary  or  house  of  private  entertainment,  if  any  horses 


TAXES.  11 

be  kept,  fed  or  hired  for  compensation  by  the  proprietor  thereof,  ex- 
cept that  no  tax  shall  be  required  on  such  stalls  as  are  kept  exclu- 
sively and  used  for  horses  belonging  to  travelers  or  guests  stopping 
at  such  house. 

Distilleries. 

33.  On  every  license  to  the  proprietor  of  a  distillery,  if  a  beginner,  Distilleries 
the  tax  shall  be  twenty  dollars;  and  if  said  distillery  is  to  be  kept  in 
operation  as  much  as  four  months  in  the  year,  the  tax  shall  be  thirty 
dollars;  if  for  six  months,  forty  dollars;  if  for  nine  months,  sixty 
dollars;  if  for  a  longer  time  than  nine  months,  one  hundred  dollars; 

and  if  such  distillery  has  been  kept  in  operation  as  much  as  four 

months  in  the  year  next  preceding  the  time  of  obtaining  such  license 

the  proprietor  thereof  shall  pay,  in  addition  to  the  tax  imposed  on  Additional  tax 

beginners,  one  per  centum  on  the  amount  of  sales  of  liquor  so  manu-  on 

factured  at  such  distillery  for  the  twelve  months  next  preceding  the 

time  of  obtaining  such  license.     No  company  or  firm,  whether  en- When  company 

gaged  in  distilling  grain  or  fruit  produced  by  themselves  or  not,  taxation01' 

owning  a  distillery,  shall  be  exempt  from  taxation,  unless  the  grain 

Or  fruit  was  the  joint  production  of  the  company  or  firm  owning  the 

distillery.     If  the  distillery  is  engaged  in  distilling  grain  produced  by  "When  exempt, 

the  owner  thereof,  or  fruit,  whether  produced  by  the  owner  thereof  or 

not,  and  is  not  so  engaged  for  more  than  four  months,  no  tax  shall 

be  imposed;  but  if  so  engaged,  for  more  than  four  months,  whether  Exception 

engaged  in  distilling  fruit  or  grain  produced  by  the  owner  or  not,  the 

tax  shall  be  assessed  and  collected  as  in  this  section  provided. 

Merchants. 

34.  On  every  license  to  a  merchant  or  mercantile  firm,  where  a  Merchants1  »p« 
specific  tax  is  to  be  paid,  sixty  dollars:  but  if  the  capital  employed 

and  to  be  employed  for  the  year,  including  as  capital  the  cash  so 
used,  whether  borrowed  or  not,  and  goods  purchased  on  credit  by 
said  merchant  or  firm  be  shown  by  affidavit  to  be  less  than  five  hun- 
dred dollars,  the  tax  to  be  paid  shall  be  ten  dollars;  but  nothing  con- 
tained in  this  section  shall  be  construed  to  authorize  any  such  person 
to  sell  wine,  ardent  spirits,  or  a  mixture  thereof;  and  when  the  tax  When  propor- 
is  in  proportion  to  the  Bales,  if  the  taxable  sales  shall  be  under  one 
thousand  dollars,  the  tax  shall  be  twenty  dollars;  if  one  thousand 
and  under  fifteen  hundred  dollars,  twenty-four  dollars:  if  fifteen 
hundred  dollars  and  under  twenty-five  hundred,  thirly-two  dollars; 
if  twenty-five  hundred  dollars  and  under  five  thousand  dollars,  forty- 

eighl  dollars;  if  five  thousand  dollars  and  under  ten  thousand  dol- 
lars, seventy-six  dollars;  if  ten  thousand  and  under  fifteen  thousand 
dollars.  Dinety-8ix  dollars:  if  fifteen  thousand  dollars  and  under 
twenty  thousand  dollars,  one  hundred  and  twelve  dollars:  if  twenty 
thousand  dollars  and  under  thirty  thousand  dollars,  one  hundred  and 
forty  dollars;  if  thirty  thousand  dollars  and  under  fifty  thousand  dol- 


L2 


. 


>  hundred  and  eight  dollars;  and  if  over  fifty  thousand  dot- 
ten  dollars  for  ever 
..f  fifty  thousand  dollars. 

l/»  r,  limit's  j  .  ■  tpirits. 

35.  And  in  i  very  dase  in  which  (he  license  to  a  merchanl  or  mer> 
cantuG  linn,  includes  permission  to  sell  wine,  ardent  Bpinte  or  a  mix- 
ture tli<  reof,  porter,  ale  or  beer,  by  wholesale  and  retail,  or  by  retail 
only,  if  snob  merchant  or  firm  (commencing  business  for  th< 
time)  sell  by  wholesale  ami  retail,  or  by  wholesale  only,  an  :nl«li- 
tkmal  tax  of  one  hundred  dollars,  and  if*  l>y  retail  only,  forty  dollars: 
•  and  if  such  License  be  to  a  merchant  or  mercantile  firm,  to  oontinue 
the  privi]  i  Iling  wine,  ardent  spirits,  or  a  mixture  th< 

porb  r.  ale  or  beer,  if  by  wholesale,  or  by  wholesale  and  retail,  or  by 
retail  only,  the  tax  shall  be  one  per  centum  on  the  amount  of  snob 
sales  for  the  year  next  preceding  the  tunc  of  obtaining  said  license, 
in  addition  to  the  specific  tax  imposed  on  beginners;  but  Baid 
shall  not  be  estimated  in  ascertaining  the  amount  of  a  merchant's 
. 

1/       ant  i  c  ■"!  otht  r*. 

otherti  36.    Merchant  tailors,  lumber  merchants,  dealers  in  coal,  ice  or 

riilliin  . 

wood,  shall  obtain  licenses  as  merchants,  and  be  i  ssi  Bed  and  taxed 
thereon  as  other  merchants  are  by  the  preceding  sections  of  this  act, 
and  shall  be  Bubject  to  like  penalties  for  conducting  Buch  business 

Without  a  merchai  except  that  any  captain  or  other  ] 

having  the  command  or  control  of  an]  v<  el,  shall  not  be  required 
to  take  out  a  license  to  sell  wood  by  retail  from  Buch  v< 

( 'on 


on  every  licet  immiBsion  merchant,  forward- 

merchant,  tobacco  auctioneer  or  Bhip  broker,  shall  be  forty  dollars 
each  for  commencing  business;  and  if  to  continue  such  busine     af- 
ter the  same  ha    b  ■  a  i  arrii  d  on  for  a  year,  the  tax  on  such  lie 
shall  lie  two  per  eeiitnin  on  the  amount  of  commissions  received; 

and  this  la\  shall    be  in  addition  to  such  tax  as  may  lie  imposed  OU  a 

license  to  such  merchant  or  linn,  to  sell  any  goods,  wares  or  mer- 
chandise. All  goods  consigned  to  am  Buofa  commission  merchant, 
forwarding  merchant  or  tobacco  auctioneer,  whether  such  goods  be 
cultural  productions  or  other  articles  exempted  in  the  hands  of 
the  producer  or  owner  from  taxation,  shall  be  included  as  subjects  of 

taxation  under  the  pi  i ion. 


.  I 


Aurti..i  I  m  every  license  to  an  auctioneer  or  vendue  master  commenc- 

ing business,  twenty-five  dollars;  and  if  the  place  of  business  he  in 


taxes.  i:; 

;i  town  containing  a  population  of  throe  thousand  inhabitants,  thirty- 
two  dollars;  if  the  population  exceed  three  thousand,  an  additional 
tax  of  fifteen  dollars  for  every  thousand  persons  above  that  number, 
and  at  that  rate  for  any  fractional  excess  less  than  one  thousand;  but 
said  specific  tax  shall  in  no  case  exceed  three  hundred  and  fifty  dol- 
lars.    On  every  license  to  an  auctioneer  who  deals  exclusively  in  real  Real  estate  anc- 
estate,  two  hundred  and  fifty  dollars,  and  he  shall  have  the  right  to 
sell  real  estate  at  auction  or  others  ise.    <  In  every  license  to  an  auc-  when  charged  a 
tioneer  or  vendue  master,  in  this  section  mentioned,  to  continue  the] 
bo  inese  after  the  same  lias  been  carried  on  for  a  year,  one-fourth  of 
one  per  centum  on  the  amount  of  taxable  sales  of  such  auctioneer  or 
vendue  master:  provided,  the  tax  to  be  paid  by  auctioneers  for  the 
sales  of  molasses  and  sugar, Bhall  in  no  case  exceed  live  hundred  dol- 
lars for  such  sales;  hut  the  tax  on  sales  of  other  articles  shall  not  be 
affected  by  this  provision.      But  no  sale  shall  be  made  at  any  Other  Where  sale  to  be 
place  than  the  house  named  in  the  license  as  the  place  of  busim 
or  at  such  other  place  as  the  person  owning  the  property  is  autho- 
rized to  Bell  the  same:  hut  this  prohibition  shall  not  apply  to  cargo  Exceptions 

or  the  property  of  persons  closing  out  business,  for  which  they 
have  a  license ;  and  no  goods  shall  be  consigned  to  such  auctioneer  when  goods 
for  sale,  unless  the  owner  thereof  has  obtained  a  merchant's  license  ,'a  to  auctioneer 
for  a  period  a    long  as  one  whole  year.     "Taxable  sales"  in  this  sec-  Taxable sales 
tion  shall  be  construed  to  embrace  sales  made  by  such  auctioneer  or 
vendue  master,  whether  such  sales  be  public  or  private:   provided, 
thai  such  tax  on  private  sales  shall  not  apply  to  cases  where  the  mer- 
chant's tax  is  payable  on  said  sal-. 

• 
I       mon  crier. 

39.   <  >n  every  li<  ense  to  a  common  crier,  if  in  a  town  of  more  than  common  crier 
one  thousand  inhabitants,  ten  dollars;  but  he  shall  not  be  authorized 
toad  as  such  in  the  gale  of  any  property  belonging  to  any  person, 
unless  such  owner  is  authorized  to  Bell  such  property  without  a  license, 
or  has  obtained  a  license  to  do 

pit  merchants. 

|i>.   On  every  license  to  sell  goods  by  sample,  card  or  other  repre-  Selling  goods  by 
sentation,  two  hundred  dollars. 

11.   «)n  every  license  permitting  an  express  company  to  operate  exot«moo» 
throughout  the  state,  fifty  doll  p 

/ ' 

42.   <  »n  every  license  t"  sell  or  barb  r  the  right  to  manufacture  "r  ''••■■  »<  rieh,» 

'  it-  nml'T  laws  of 

y  machinery  nr  other  thing  patents  <l  to  any  person  or  company,  i  nlfc  d  .States 

under  the  laws  of  the  United  S  i  dollars  in  <  sofa  canty :  sad 


11  IAJ 

DO  merchant  ihall  BeD  the  same  without  an  additional  license  ami  the 

payment  of  the  tax  prescribed  bj  this  section.    Tun  patentees  who 
are  eitixens  of  A" i r^-i i H :i  shall  not  be  Bubj<  el  to  the  tax  impoeed  by  this 
tfon. 

Q 

ojnakw  13.   On  every  license  t"  sell  patent,  specific  or  quack  medicines,  it' 

by  retail,  twenty-five  dollar.-,  and  it'  by  wholesale,  fifty  dollars,  a 
jm  rson  having  a  merchant's  license  may  sell  any  inch  medioinee  with- 
ont  ray  additional  license,  nnless  the  same  be  sold  on  commission ; 
in  which  case  tin-  addltiona]  license'and  tax  BhaU  be  imposed. 

/; 

nuaad     11.  On  every  license  to  a  person  obtaining  subscriptions  to  hooks. 
maps,  prints,  pamphlets,  or  periodicals,  twenty-five  dollars  for  each 

county.    <  ha  every  license  to  sell,  or  in  any  manner  furnish  the  same. 

if tnnr. •  id ■•  •-  twenty-five  dollars.  If  the  person  obtaining  such  license  has  ool 
been  a  resident  of  the  state  two  years,  the  tax  shall  in  cadi  oase  be 

>  taMiiingtwo  hundred  dollars.  But  any  person  who  has  been  a  resident  of 
the  Mate  for  two  years,  desiring  to  distribute  or  sell  any  religions 
books,  newspapers,  or  pamphlets,  may  apply  to  the  enmity  or  oprpo- 
ration  court  of  each  county  in  which  he  may  de-ire  in  distribute  or 

sell  the  same:  and  such  court,  upon  being  sati.-lied  that  BUCh  per.-mi 
is  a  proper  person  for  such  duty,  may  grant  him  a   license,   without 

the  imposition  of  any  tax  fox  the  privilege. 

I   'ids  for  renting  houses* 

Renting houKcH  •!.">.  On  <  very  licen.-e  to  B  person  engaged  as  agent  lor  the  renting 
Of  houses,  twenty-live  dollars. 

Agents  for  hiring  negroes* 

Hiring  n.'groc-»  4G.  On  every  license  to  a  person  engaged  as  agent  for  the  hiring 
of  negroes,  fifty  dollars. 

Stallions. 

J  sand  17.    <  hi  every  license  to  the  owner  of  B  jackass  or  stallion,  for  ser- 

vices of  which  compensation  is  received,  twice  the  amount  of  such 

Compensation,  when  the  charge  is  for  such  service  hy  the  season; 
and  where  .-uch  services  are  for  Less  than  a  season,  then  twice  what 

a  ooinmissioner  may  judge  to  be  a  reasonable  charge  therefor.  The 
tax.  however,  in  no  case  to  lie  less  than  ten  dollars.  .Such  license 
shall  authorise  the  performance  id'  such  services  in  any  part  of  the 

commonwealth. 


■taUloni 


TAXES.  15 


Theatrical  performances. 

48.  On  every  license  permitting  theatrical  performances  in  a  pnl>-  Theatres 
lie  theatre  or  elsewhere,  Bis  dollars  each  week  of  such  performances, 
notwithstanding  the  owner  of  the  place  of  exhibition  shall  have  paid 

the  license  tax  required  on  such  theatre  or  rooms  fitted  for  public  ex- 
hibitions. 

Refreshments  in  theatres. 

49.  On  every  license  permitting  the  sale  of  refreshments  in  a  ■Kofrophmentg  in 
theatre  during  such  performances,  one  hundred  dollars  for  each  place 

of  sale;  and  no  abatement  shall  be  made,  if  the  privilege  be  exer- 
cised for  a  period  of  less  than  one  year. 

Public  rooms. 

50.  On  every  license  permitting  the  proprietor  or  occupier  of  any  Exhibition 
public  theatre  or  room  fitted  for  public  exhibitions,  to  use  the  same 

for  such  purposes  for  a  fear,  twenty  dollars,  if  such  room  be  in  a 
town  of  less  than  five  thousand  inhabitants:  forty  dollars,  if  in  a 
town  of  more  than  five  thousand,,  and  less  than  ten  thousand  inhabi- 
tants; and  sixty  dollars  in  all  other  towns;  but  the  land  and  house 
in  which  such  public  shows  are  authorized,  shall  not  be  exempt  from 
taxation  as  other  similar  property. 

Public  shows,  circuses  or  menageries. 

51.  On  every  license  permitting  any  public  show,  exhibition  or  Shows 
performance,  other  than  the  drama,  whether  in  a  licensed  house  or 

not,  if  in  a  corporate  town,  or  within  five  miles  thereof,  for  each  time 
of  performance,  ton  dollars;  if  elsewhere,  five  dollars ;  and  for  every  ObeosM 
exhibition  of  a  circus,  if  within  a  corporate  town,  or  within  five  miles 
(hereof,  forty  dollars;  if  elsewhere,  twenty  dollars;  and  for  every  Keuga 
exhibition  of  a  menagerie,  if  within  a  corporate  town, -or  five  miles 
thereof,  forty  dollars;  if  elsewhere,  twenty  dollars.    All  such  shows, 
exhibitions  and  performances,  whether  under  the  same  cam  as  or  not, 
shall  be  construed  to  require  separata  licenses  therefor,  whether 
bibited  for  compensation  or  nol ;  and  upon  any  such  shows,  exhibi- 
tions and  performances  being  concluded,  so  thai  an  additional  fee  for 
admission  be  charged,  in  lieu  of  a  return  cheek  authorizing  the  holdi  r 
to  re-enter  withoul  charge,  shall  be  construed  to  require  an  additional 
then  for. 

ufactureu  of  porter,  ale  and  I 

On  every  license  t<>  manufacture  porter,  ale  and  beer,  or  Manufacture  of 
either,  fifty  dollars,  when  the  value  of  tint  e  thousand  doUan  and  up- 
ward! il  manufactured  ;  and  for  any  leas  amount,  twenty  dollars. 


16 


. 


Sale  i  ■ 


BqmOTI 


.  ( 111  .  v. tv  license  to  «  11.  bj  retell,  porter,  ale  and  beer,  twenty 
dollar.-:  and  if  the  business  be  continued  for  more  than  one  >  <  ar.  an 
additional  tax  of  one  p-  i  on  atom  <>n  the  amonnl  of  sales  of  the  pre- 
vious year.  But  if  the  lioenae  be  to  retail  to  be  drank  where  sold,  it 
s-IkiII  be  mntod  opon  tin-  certificate  <>i'  the  county  or  corporation 
court,  at  tin-  terms  and  in  every  reaped  as  certificates  are  granted  tt> 

ordinary  keepers  and  merchants  t<>  retail  anient  spirit-. 


■ 

54.  On  every  license  to  a  broker  who  deals  exclusively  in  BtookB, 
two  hundred  and  fifty  dollars;  and  he  shall  thereupon  have  the  right 
to  sell  the  said  stocks  at  auction  or  otherwise;  and  any  person  who 
sells  stocks  on  commission  shall  be  regarded  as  a  Btook  broker  under 
this  section. 

Bank  note  brofo  rs. 
nou  55.  On  every  license  to  a  broker,  seven  hundred  and  fifty  dollars. 

broki  n 

/■  turanct  companies. 


Insurance  com- 
panies 


56.   On  every  license  to  an  agent  or  sub-agent  of  any  insuranoe 

OOmpany  nol  chartered  by  this  state,  twenty-live  dollars;  and  in  ad- 
dition thereto,  a  tax  of  one  per  cent,  on  the  whole  amount  of  pre- 
miums received  and  assessments  collected  by  such  agent  or  sub-agent 
or  company,  within  the  state,  as  prescribed  by  law. 


Physicians  and  others. 

l'hyM.-kmH.ticn-  57.  On  every  license  to  a  physician,  Burgeon  or  demist,  five  dol- 
lars each;  and  on  every  license  to  an  attorney  at  law,  five  dollars. 
It  the  yearly  incume  derived  from  the  practice  of  any  such  callings 
or  professions  during  the  year  next  preceding  the  time  of  obtaining 
such  license  shall  exceed  five  hundred  dollars,  there  shall  he  an  ad- 
ditional tax  on  the  excess  of  one  per  centum  ;  and  this  income  shall 
lie  included   in   the  license  tax.     A  license   In  any  such   person  shall 

confer  on  him  the  privilege  of  practicing  such  profession  in  any  part 
of  the  commonwealth. 


Dafrni-rreion 
■Mat! 


Dagtu  m  tan  artists. 

58.  On  every  license  to  the  owner  of  a  daguerreian  or  such  like 
gallen-,  by  what; never  name  it  may  be  known  or  called,  if  in  a  city 
or  incorporated  town  of  less  than  five  thousand  inhabitants,  twenty 
dollars;   if  more  than  five  thousand  inhabitants,  forty  dollars;   if 


TAXES.  17 

elsewhere,  ton  dollars.  And  if  the  yearly  income  derived  from  the 
practice  of  said  art  exceed  five  hundred  dollars  in  any  county,  city 
or  town,  an  additional  tax  of  one  per  centum  on  such  excess  for  the 
year  next  preceding  the  time  of  obtaining  such  license :  and  such 
tax  shall  be  imposed,  whether  an  artist  perform  in  a  gallery  or  not. 

Horses,  mules,  asses  and  jennets  brought  into  this  state. 

59.  On  every  license  to  sell  horses,  mules,  asses  and  jennets  which  Homos.  mnir», 
arc  brought  into  this  state  for  sale,  ten  dollars  in  each  county :  and  tho  stat"6 
the  act  making  general  regulations  concerning  Licenses  shall  bo  so 

far  modified  that  the  certificate  for  obtaining  such  licenses  may  de- 
signate the  county  or  corporation  as  the  place  of  sale;  and  horses 
so  brought  into  the  state.  M  often  as  they  are  sold,  and  the  principal 
object  of  the  sale  is  for  profit,  although  previously  sold  in  this  state, 
shall  subject  the  person  so  selling  to  the  tax  hereby  imposed. 

Horses,  mules,  fyc.  sold  for  profit. 

60.  On  every  license  to  sell  for  others,  on  commission  or  for  profit,  Soiling  on  com- 
horses,  mules,  asses,  jennets,  cattle,  sheep  and  hogs,  or  either  of  mufcg,n&.c°r80*' 
them,  twenty  dollars;  and  the  sale,  may  be  made  under  such  license 

in  any  county  or  corporation. 

Carriages,  buggies  and  other  vehicles. 

61.  On  every  license  to  sell  carriages,  buggies,  barouches,  gigs,  Carriage*  and 
wagons,  and  such  like  vehicles,  manufactured  out  of  this  state,  fifty  manuferfiSS 
dollars  in  each  county  or  corporation.      If  the  business  be  continued  out  of  ib°  hUU 
after  the  same  has  been  carried  on  for  a  year,  the  tax  shall  be  on 

the  amount  of  sales,  in  addition  to  the  specific  tax,  as  on  merchants' 
licenses.  Bui  this  section  shall  not  be  so  construed  as  to  exempt  per- 
sons from  taxation  who  may  put  together  the  principal  parts  of  such 
vehicles  as  may  be  manufactured  out  of  this  state. 

Slaves  bought  for  profit. 

62.  On  every  license,  to  buy  slaves  on  commission  or  for  profit,  ten  K!.ivC«  i.^npht 
dollars  in   each  county  ;   ami  on   tlie  yearly   income  of  Mich   business"1 

in  all  the  counties  (to  be  taxed  but  once),  an  additional  tax  of  ono 
per  rent  mil  on  suofa  income. 

(icncral  provisions. 

Mi    \'o  private   act  of   ass.  mhly   beroafler  d<  scribed  and    Utted,  OiTfla  yrtwss 
shall    be   published,   nor  any  copy   thereof  furnished    to  any   pcrsi  1  aotfl 

until  the  party  asking  anil   requiring  the  MOM  shall   have  paid  into  tax  "  paii 
the  treaiarj  of  the  commonwealth   the  taxes  prescribed  by  law;  but 
2 


is  PAXBB. 

all  rids  of  ih.   aboi  1  at   tin'  prest  nt  session 

of  tin-  general  assembly,  may  lie  published  as  a  part  of  tli«'  laws,  ami 
eiu-li  oompaniea  may  1"-  organised,  ami  tin*  tax  thereon  shall  1>. 

sinsl  such  corporations,  oolleoted  ami  accounted  for  in  tho 
sum  manner  as  lit  oolleoted  and  aooonnted 

for. 

K«-prr  or  mil.       64.    [I  -hall  bo  the  duty  of  the  keeper  of  the  rolls  to  publish,  with 

to  palilinh  li>:  ,.  ,  .  -"  ,  ..  111 

acig-pnwM.il       the   actfl  01    : i  —  ■  1 1 ?  1  >  1  _\    01    cat  h  sosmoii,   all   acts  upon   which   the  tax 

tax^hai  boiti      ^  (  p],,  ,|  ],v  |.lu  |i;i>  |„.rll  n;ij(j  ;,,,,,  ,],,.  treasurj  since  the  lasl  imb- 
rication thereof. 

<>immlitK|onrr  65.    After  the  Bnt  'lay  ■■!    I'-  hniary  ami  until  tho  Brsl  <lay  of  .Inly 

tetTwhaaaaj   In  each  year,  ami  until  the  delivery  of  the  oommisaioner'e  books  .to 

'he  sheriff  or  collector  of  any  county,  if  the  same  he  delivered  after 

abo"1  the  first  day  of  July,  it  Bhall  he  lawful  ami  the  duty  of  every  oem- 

Aonnly  b  •  •  •  • 

<k>IJ  very  of  book?  niissiollcr  of   the  1'cVi  lllle    to  make  out    ticket>   Bhowing  the  amount  of 

-  which  will  he  chargeable  mi  his  hook-;  when  completed,  against 
any  person  whom  he  has  reasonable  ground  to  snspeol  Is  aboul  to 
depart  from  his  county  before  the  first  day  of  .Inly  or  before  the  de- 
livery of  sai.l  hook-  to  ii'  or  collector.  Qpon  the  delivery 
of  such  tickets  the  sheriff  or  collector  -hall  he  authorized  to  make 
immediate  distress  for  the  taxes  therein  specified,  ami  to  use  all  tho 
remedies  for  the  collection  of  BUoh  taxes  as  are  now  given,  after  tho 
first  day  of  July,  upon  the  delivery  of  the  commissioner's  books. 

Prohibited  occn-  66.  This  act  shall  he  construed  to  impose  a  tax  on  all  occupations 
potioiiH  tuxc  prohibited,  unless  the  party  exercising  any  thing  so  prohibited  show 
Kiei-puoru        by  his  affidavit  that  his  ease  comes  under  some  of  the  exceptions  to 

this  act.  or  to  tin  38th  t  hapti  r  of  the  Code  (edition  of  I860),  making 

genera]  regulations  concerning  licenses. 

•  »ron-         (17.   No  license  .hall  be  construed  to  grant  any  privilegi   beyond 

'",in,v   ,i  i-        i  -i  ■  i    i       i      •.  i  i_ 

or,.,.ri  the  county  or  corporation  wherein  it  is  granted,  unless  it  be  expressly 

aiithori/.t  d. 

ueeuaatobeat     68.   Every  license  granting  authority  to  sell,  unless  the  license  bo 
,ptcl  specially  authorized  by  law  for  a  county  or  corporation,  shall  be  at 

home  Bpeoified  house  or  place  within  :  in  h  county  or  corporation. 

ronm  to  ».<  fur       (i!>.    Commissioners  of  the  revenue  shall  furnish  or  cause  to  be  fur- 

ntohc(,tux  ''•l>,r  nislnd  to  every  tax   payer  to  he  found  within  his  county,  the  forms 

pr<  scribed  by  the.  65th  section  of  chapter  35  of  the  Code.     He  shall 

require  answer.:,  according  to  said  section,  and  with   his  hooks,  shall 

transmit  said  forms  to  the  auditor  of  public,  accounts. 

Ptibtic  tif.niiB  70.    In  all  cases  where  this  act   imposes  a  tax  on  any  public  bond, 

or  on  any  stock,  in  lieu  of  a  tax  on  the  interest  or  profits  thereof, 
the  commissioner  shall  assess  the  cash  market  value  of  such  bond  or 
stock. 


TAXES.  19 

71.  Any  person  continuing-  business,  after  any  license  obtained  by  Penalty  when 
him  shall  have  expired,  without  obtaining,  on  or  before  the  day  bis  renewed. 
former  license  so  expired,  a  license  for  the  succeeding  term,  snob  per- 
son shall  be  assessed  with  twice  the  amount  of  tax  otherwise  imposed 

on  such  license. 

72.  If  a  commissioner  shall,  in  his  list  of  licenses  to  be  furnished  Amount  under- 
to  the  auditor  of  public  accounts,  charge  or  extend  in  any  case  a  tax  missioner  to  be 
less  than  the  law  requires,  the  auditor  of  public,  accounts  shall  deduct  i!ii?"0mi><4r8o!? 
the  amount  omitted  to  be  charged   or  extended,  from  the  compensa-  ,lon 

tion  of  the  commissioner;  and  to  enable  the  auditor  to  make  an  ex- 
amination of  sueh  lists,  the  commissioner  shall  return  to  him,  with 
his  return  of  licenses,  all  interrogatories  which  may  have  been  pro- 
pounded by  him,  under  the  direction  of  the  auditor  of  public  ac- 
counts, and  answered. 

73.  Any  subject  of  taxation  required  to  be  listed  under  the  pro-  Subjects  not  cpe- 
visions  of  the  thirty-fifth  and  thirty-eighth  chapters  of  the  Code,  ami  i',','wV>''b<-'t.-ixed 
not  specially  taxed  herein,  shall  he  taxed  as  similar  subjects;   except 

that  the  assessor's  duties  under  the  fifty-first  section  of  chapter  thir- 
ty-live, shall  be  conformed  to  the  ninth  section  of  this  act. 

74.  The  value  of  lands  and  lots  as  ascertained  by  the  assessment  Value  of  lauda 
made  under  the  tenth  chapter  of  the  acts  of  eighteen  hundred  and  ,Tr'l  '-,',[  V-'"'! " 
fifty-five   and   eighteen    hundred  and  fifty-six.  passed   March   tenth,  "^n-Jd"1 1° b* 
eighteen   hundred  and  fifty- six,   under  subsequent  special  acts,  and 

under  the  thirty-fifth  chapter  of  the  Code  in  respect  to  new  grants, 
shall  lie  permanent  and  not  be  changed,  except  under  the  provisions 
of  the  said  thirty-fifth  chapter  in  case  of  a  partition  or  conveyance; 
and  the  auditor  of  public  accounts,  after  the  year  eighteen  hundred  Wben auditor 
and  sixty-one,  may  so  far  change  the  form  of  the  commissioners  i",'a.  hook^" 
land  book  as  to  show  in  one  column  the  value  of  lands  and  lots  ex- 
clusive of  buildings. 

7."..    Agricultural  productions  of  this  state  in  the  lrahds  of  the  pro-  When  a|Ticalto- 
duoer,  including  pork  and  bacon,  and  in  the  hands  of  those  who  have  gwdmu 
purchased   the  same   fur  household   provisions,  and   goods  ami   mate-  J-,",',,', t'xaUon. 

rials  manufactured  in  this  state,  shall  be  exempt  from  taxation  :1  l*',h" 

property,  while  remaining  in   the  hands  of  the  product  r  or  manufao-  ta" 
tnrer.  and  while  such  agricultural   productions  are  held   as  household 
provisions.    Buofa  productions  and  manufactured  articles  may  also  be 

•Old  by  the  producer  or  manufacturer  without  a  license  ta\  :  hut 
when  once  sold  (with  the  exception  named  in  this  section),  they  shall 

be  subject  to  a  tax  as  other  property,  and  to  a  license  when  sold. 
'I '..  ive  effect  to  this  section,  chapter  1-t.  entitled  an  net  for  the 
men!  . .f  taxes  on  persons  and  property,  passed  March  30th, 
i  -  '  and  ehapti  i  2d,  i  milled  an  act  making  general  regulations  con- 
cerning 1  '».  in  cases  where  said  chap- 


20 


AiTKorum  i 


bt  be  otherwise  con-trued,  shall  be  construed  according  to 
the  provisions  of  this  seotion :  provided,  that  no  person  sbal]  1 
quired  t < >  take  out  a  lioense  or  pay  any  tax  for  the  privilege  til*  buy- 
ing l.i  •  neighbors'  prodaoe  to  take  out  of  the  county  in  his  own  vessel 
or  other  conveyance  to  market,  or  for  Belling  the  same. 

:  76.    Merchant  tailors  and  all  other  persona  manufacturing  any 

production  or  material,  the  sale  ol  winch  would  be  prohibited  with- 

OOl  a  license,  shall   only  l'e  charged  so  much  tax  on  the  sales  as  tlio 
value  of  the   materials   sold   would   hoar  to   the  whole   value  of   the 

manufactured  articles,  to  he  ascertained  upon  tin-  oath  of  the  person 

as  in  otln  r  < ss 

BowUerawtfl        77.    A   license   to   manufacture   porter,  ale  and  beer,  or  either  of 

roaimf  ,  ,111  •      •  <■    .1 

0  ratbem,  may  he  granted  by  the  commissioner  ol   the  revenue,  as  in 

other  oases,  without  any  previous  certificate  or  order  of  the  c  urt; 
but  a  license  to  sell  the  same,  or  any  of  them,  shall  he  granted  in 

the  same  manner,  and  under  the  same  certificates  and  restrictions  as 
are  required  and  imposed  for  a  license  to  sell  ardent  spirits. 


What  D 
cniiH'Irn  ,1    as 

eommenotng 

I 


Part  of  Codo 
rciic-alrd 


78.  No  change  in  the  name  of  any  (inn  of  merchants,  commission 
merchants,  sample  merchants,  merchant  tailors,  auctioneers,  or  any 
other  persons,  who  arc  taxed  upon  the  amount  of •  business  or  sales 

of  the  preceding  year,  nor  the  taking  into  the  firm  of  a  new  partner, 
nor  the  withdrawal  of  one  or  more  of  the  linn,  shall  he  considered 
as  commencing,  so  as  to  allow,  on  that  account,  the  payment  only  of 
the  specilic  tax  imposed  by  law  for  the  privilege  granted;  hut  if  any 
one  of  the  parties  remain  in  the  linn  either  as  a  general  or  special 
partner  or  otherwise  in  interest,  to  he  ascertained  upon  the  oath  of 
the  party  to  whom  the  license  is  granted,  the  business  shall  be  re- 
garded as  continuing. 

7!).  That  chapter  40  of  the  Code,  edition  of  IMiO,  be  and  the 
same  ifl  hereby  repealed  so  far  as  the  same  is  not  herein  beforo 
re-enacted. 


Commencement       80.   This  act 'shall  bo  in  force,  from  its  passage. 


What  nppro- 
pna'.i'U 


Chat.  '?. — An  ACT  making  Appropriationa  for  Deficiency  in  former  Appro- 
priations, and  for  defraying  Expenses  of  the  General  Assembly  and  Con- 
vention now  in  session. 

PUMd   A  pi  il   1,  1861. 

1.  Ho  il  enacted  by  the  general  assembly,  that  the  public  taxes 
and  arrears  id'  taxes  due  prior  to  the  first  day  of  Octoher  eighteen 
hundred  and  sixty-one,  and  not  Otherwise  appropriated,  and  of  all 
other  branches  of  reyenuc,  and  all  puldic  moneys,  whether  borrowed 
or  not,  not  otherwise  appropriated  by  law,  which  shall  come  into  the 


APPROPRIATIONS.  21 

treasury  prior  to  said  first  day  of  October  eighteen  hundred  and 
sixty-one,  shall  constitute  a  general  fund,  and  in  addition  to  the  ap- 
propriations by  the  act  passed  the  seventeenth  March  eighteen  hun- 
dred and  sixty,  be  appropriated  for  the  fiscal  year  to  close  on  the 
thirtieth  day  of  September  eighteen  hundred  and  sixty-one,  as  fol- 
lows, to  wit : 

To  pay  expenses  of  the  general  assembly  for  the  session  com-  r.  moral  assem- 

mencing  on  the  seventh  day  of  January  eighteen  hundred  and  sixty-  '  * 
one.  one  hundred  and  twenty-five  thousand  dollars. 

To  each  of  the  pages  of  the  senate  and   house  of  delegates,   the  Pages  of  general 
sum  ef  two  dollars  per  day  for  each  day's  service  as  such:  to  he  paid  Ml 
upon  the  certificate  of  the  clerk  of  the  senate  and  olerll  of  the  house 
of  delegates  respectively. 

To  Alfred   Thornton,  a   porter  to  the  senate,  for  his  services  as  Alfrt-.i  Tliorn- 
such,  and  also  for  his  attention  to  the  senate  chamber,  clerk's  office  t01 
and  committee  rooms  of  the  senate,  and  making  fires  in  the  same. 
two  dollars  and  fifty  cents  per  day;  to  be  paid  upon  the  certificate  of 
tin-  elerk  of  the  senate. 

To  Richard  Matthews,  keeper  of  the  keys  of  the  capitol,  for  his  Richard  Mat- 
extra  services  during  the  last  session,  one  dollar  for  each  night  scs-      w,< *exvaat 
sion  held. 

To  William  Osborne,  the  additional  sum  of  twenty-five  cents  per  wm.  Osborne, 
day   for   services  during  the   last   session   of   eighteen   hundred   and Mrvan1 
fifty-nine  and  eighteen  hundred  and   sixty,  as  servant  to  the  capitol. 

To  the  further  expenses  of  making  (ires  and  superintending  fur- Fires  and  far- 
naces  in  the  capitol.  the  customary  allowances  to  the  several  persons"'""""'11"'01 
entitled  to  the  same:   to  he  paid  on  the  certificate  of  the  superinten- 
dent of  public  buildings. 

To  pay  the  expenses  of  the  convention  assembled  on  the  thirteenth  Convention 
ol  l"i  lirnary  eighteen  hundred  and  sixty-one,  the  sum  of  seventy-five 
thousand  dollars. 

For  payment  of  so  much  of  the  interest  on  the  public  debl  and  Intern* on 
gradual   redemption  thereof,  and  for  investment,  omitted  in  last  ap-  '"'  ' 
propriation,  one  hundred  and  fifty-six  thousand   eight   hundred  and 
ninety-seven  dollars. 

For  deficiency  of  inter  t  due  the  Literary  fund,  one  thousand  u 

T    I,  rarv  fund 

dollars. 

For  deficiency  in  appropriation  to  pay  expenses  in  comparing  comparing  poOa 

polls  in  sundry  elections,  three  hundred  and  fifty  dollai 

Por  deficiency  in  appropriation  to  pay  the  salaries  of  Judges  and 

other  officers,  one  thousand  dollars.  •''"' 

To  pay  for  temporary  clerics  in  the  office  of  the  auditor  of  public  i 

accounts,  In   addition  (0  the  amount   heretofore  appropriated 
hundred  dollars. 

Pot   di !DOM ncy   in   appropriation    to    pay   for   ill  Isvwtafr 

criuie.  ten  thousand  dollars. 

For  deficiency  in  supplies  for  the  rapport  of  convicts  and  trans*  coa-toa 

port-,  three  thousand  dollars. 


22 


APPROPBLA  i  1 


For  deficiency  in  appropriation  to  pay  fur  brigade  inspector 
jutants,  clerks,  musician.-.  \< ..  thirty  thousand  doUare. 

For  deficiency  in  appropriation  to  paj  the  .-alary  <if  the  adjutant 
general,  five  hundred  dollar-. 

For  deficiency  in  appropriation  for  expense*  of  visitors  t<>  the  Vir- 
ginia military  institute,  twenty-two  hundred  dollars. 

To  pay  for  the  publication  of  defaulting  officers,  two  hundred 
dollars. 

For  deficienoj  in  appropriation  for  the  annua]  support  of  Virginia 
military  institute,  five  thousand  seven  hundred  and  ninety  dollars. 

For  deficiency  in  appropriation  to  pay  for  rations,  clothing,  &o.  of 
the  public  guard,  and  the  interior  guard  at  the  penitentiary,  five 
thousand  dollars. 

For  deficiency  in  appropriation  to  pay  for  collecting  and  distribu- 
ting arms.  <  ighteen  hundred  dollar.--. 
Ligtsof  ;.  For  deficiency  in  appropriation  for  taking  lists  of  taxable  property, 

proper  y  gve  thousand  dollars. 

Western  lunatic       Tor  deficiency  ill  appropriation  to  tile  \Ye>t<  in  lunatic  asylum,  live 
hundred  dollars. 

For  deficiency  in  appropriation  heretofore  made  to  and  uncalled 
for  by  tin-  Eastern  lunatic  asylum,  thirty-one  thousand  two  hundred 
and  fifty  dollars. 

For  deficiency  in  appropriation  to  pay  expenses  of  lunatics  con- 
fined in  county  jails,  eighteen  hundred  dollars. 

For  deficiency  to  pay  expenses  of  civil  suits,  one  thousand  dollars. 

For  deficiency  in  appropriation  for  repairs  of  the  governor's  house, 
thirty-seven  hundred  dollars. 

For  deficiency  in  appropriation  for  the  repairs  of  the  capitol,  forty- 
five  hundred  dollars. 

For  deficiency  in  appropriation  for  publishing  Grattan's  Reports, 

thirty-six  hundred  and  eighteen  dollars. 

Tor  reprinting  live  hundred  copies  of  the  fifth  volume  of  Leigh's 
Reports,  twelve  hundred  ami  fifty  dollars. 

For  four  thousand  live  hundred  copies  of  Mayo's  Guide,  eleven 
thousand  two  hundred  and  fifty  dollars. 

For  printing  to  he  done  in  pursuance  of  the  act  of  the  twentieth 
February  eighteen  hundred  ami  fifty-eight,  and  for  hooks  for  public 

officers,  sixteen  thousand  dollars. 

For  ten  thousand  copies  of  the  second  edition  of  the  Code,  twenty 

thousand  dollars. 

Krcr,  f.iryof  To  the  seeretarv  of  the  common  wealth,  for  preparing  the  second 

oommonwealth,      ,    .  .    .  . 

forprpparaii.ii    edition  ot   the  ( .ode,  two  thousand  dollars. 

Statue  of  Nelson       J'"1'  Completing  the  Btatue  of  Nelson,  forty-five  hundred  dollars. 
Brectionof  For  erecting  the  statue  of  Nelson,  and  allegorical  figures  on  Wash- 

"  in-ton  monument,  twenty-three  thousand  four  hundred  dollars. 
For  balance  of  appropriation  of  act  of  twenty-first  February  eigh- 
teen hundred  and  fifty-four,  for  Gait's  statue  of  Jefferson,  four  thou- 
sand dollars. 


I 


Adjutant 


lata 

I)rfaultii,(T 


Virginia  mili- 
tary i: 

Public  guard 


Distribution 
of  arms 


any  hi  ui 

Eastern  lunatic 
asylum 


Lunatics  in 
county 

Civil  suits 
Governor's 

boost 

Repairs  of 
sapitol 

Qrattai 

3th  v  1    I 
Report  h 

Mayo'rt  Guido 


Printing  for 
public  officers 


Beeon  I 
of  Code 


Statue  of  Jef- 
ferson 


APPROPRIATIONS.  23 

For  permanently  enclosing  the  birthplace  of  Washington  and  the  Birthplace  or 
home  and  graves  of  his  progenitors  in  America,  and  marking  the     M   °e  on 
same  liy  suitable  tablets,  under  act  of  the  twentieth  January  eighteen 
hundred  and  fifty-eight,  four  thousand  eight  hundred  and  sixty  dol- 
lars and  seventy-nine  cents. 

Tur  balance  of  money  appropriated  for  enlargement  of  medical  Medioai  ootiac* 
college,  under  act  of  March  first,  eighteen  hundred  and  sixty,  fifteen 
thousand  dollars. 

For  the  per  diem  and   mileage   of  electors  of  president  and  vice- College  of  «le» 
president,  and  pay  of  secretary  to  the  college  of  electors,  twelve 
hundred  dollars;  and  to  William  Teller,  page  to  the  electoral  college, 
twenty-five  dollars. 

For  eon. missions  to  sheriffs,  remaining  unpaid,  and  to  be  paid  communion*  to 
upon  the  warrant  of  the  auditor  of  public  accounts,  fifteen  hundred  8hcnff* 
dollars. 

For  deficiency  in  appropriations  to  pay  commissioners  for  listing  i.iRtinRfroc 
free  negroes,  one  hundred  and  twenty  dollars. 

To  meet  claims  allowed  and  outstanding,  for  expenses  growing  out  John  Brown 
of  the  John  Brown  raid,  nine  hundred  and  six  dollars  and  sixty-one™ 
cents. 

For  rewards,  under  act  of  seventeenth  March  eighteen  hundred  it.  ward*  and 
and  fifty-six,  and  claims  under  the  forty-fifth  chapter  of  the  Code,  Ci 
five  thousand  dollars. 

To  pay  the  joint  committee  of  the  senate  and  house  of  delegates,  Funeral  expnn- 
for  accompanying  the  remains  of  the  late  Judge  George  W.  Hopkins  liopkuia 
from  Richmond  to  his  late  residence  in  the  county  of  Washington, 
one  hundred  and  thirty-nine  dollars  and  ninety  cents. 

To  pay  for  rent  of  apartments  for  the  use  of  the  convention,  and  Apartm«nt§for 
for  furnishing  the  same,  to  be  paid  upon  the  orders  of  the  president00' 
of  the  convention,  not  exceeding  twenty-five  hundred  do]];. 

To  A.  W.  McDonald,  commissioner  to  obtain  from  England  docu-  a.  w.  mcDo- 
mentary  evidence  relative  to  the   boundary  of  the  state,  and  other"'" 
historical  facts,  to  pay  for  deficiency  in  the  appropriation  for  amount, 
expended  by  him  over  the  appropriation,  two  hundred  and  seventy- 
five  dollars. 

For  completing, fox  the  admission  of  lunatic  patients  now  confined  Nnriwmtorn 

^  r    ,1         \        ,1  ■ ,  r         lunatic  anyluin 

in  .ipis.  a  portion  of  the  Northwestern  lunatic  asylum,  twenty-five 
thousand  dollars ;  to  be  used  only  upon  tin  order  of  the  governor, 
for  the  purpose  aforesaid. 

2.    In  ease  any  of  the  appropriations  herein  made.  are.  in  whole  Appwfrt Mam 
or  in  part,  included  in  any  general  or  special  appropriation  act  here-  former a| 
tofore  passed,  no  more  money  shall  be  paid  under  this  act  than  such  I.TraVo^piciS' 
sum  or  sums  which  remain  unpaid  under  such  act" 

8.    So  much  of  the   public   revenue   M   may  be  received    into  the  0«Mral prorl 

public  treasury  after  the  thirtieth  day  of  September  eighteen  hun- 
dred  and  sixty-one,  and  the  surplus  ol  all  other  appropriations  made 
prior  to  thai  date,  unexpended  within  the  two  fiscal  years,  ending 


24  CONVENTION. 

respectively  on  the  thirtieth  of  September  eighteen  hundred  and 

sixty,  and  thirtieth  of  September  eighteen  hundred  and  sixty 

wh»i  to  rrnvti-  and  all  moneys  ni't  otherwise  appropriated  by  law.  shall  constitute  a 

fnn<iKir  general  fund,  to  defray  suefa  expenses  anthoriaed  by  law  as  arc  not 

p«»»rhu,par     herein  particularly  provided  for.  and  to  defray  the  usual  allowances 

Cor  support  and  transportation  to  lunatic  aaylnms,  and  other  current 

expenses  of  the  commonwealth,  in  the  fiscal  year  which  will  cosn« 

mence  on  the  first  day  of  October  eighteen  hundred  and  sixty-one, 

and   terminate  on  the  thirtieth  September  eighteen  hundred  and 

Doty  of  ancittor  sixty-two.    And  the  auditor  of  publie  accounts  is  hereby  authorised 

and  required  to  issue  Ids  warrants  in  the  same  manner  as  if  the 

same  had  been  specifically  mentioned,  Bubjecl  to  such  exceptional 

limitations  and  conditions  as  the  general  assembly  have  prescribed, 

limitation  a»  to  or  may  deem  it  profit  r  to  annex  ami  prescribe  bylaw:  provided, 

jodgmvnta'  tMat  nothing  in  this  act  contained  shall  he  so  construed  as  to  authorize 

the  auditor  of  public  accounts  to  issue  bis  warrant  or  warrants  in 
satisfaction  of  any  judgment  or  decree  of  any  court  of  law  or  equity, 
against  the  commonwealth,  for  a  sum  of  or  over  three  hundred  dol- 
lars,  without  a  special  appropriation  by  law. 

PaymrntR  to  4.    The    payments    to    the   military   institute    for   support,   to   the 

Oons,  how  triad.' lllliaIU'  asylums  tor  support  and  transportation  01  patients,  and  to 
the  institution  for  the  education  of  the  deaf  and  dumb  and  the  blind, 
shall  be  made,  one-fourth  in  advance  on  the  first  day  of  October, 
one-half  on  the  first  day  of  .January  (if  the  visitors  or  directors  80 
require),  and  the  remaining  one-fourth  on  the.  first  day  of  April. 

Commenci ment       5.    This  act  shall  he  in  force  from  its  passage. 


ini«Hioiii  :  h 


CHAP.  3. — An  ACT  to  provide  for  electing  Members  of  a  Convention,  and 
to  convene  the  same. 

;  January  1 1.  1861 

Duty  of  com-  I.    Be  it  enacted  by  the  general  assembly,  that  it  shall  be  the  duty 

of  the  commissioners  ami  officers  who  were  appointed  to  superiflensT 

and  conduct  elections  for  county  and  corporation  officers  in  May  last, 
at  the    places   established   for   holding  elections   for  members  of  the 
general  assembly,  to  open  polls  for  electing  delegates  to  a  conven- 
electlon     tion.     Tbe  said  (lection  shall  be  hold  on  tlie  fourth  day  of  February 
Krf,  r.  noe  to  the  in  the  year  of  our  Lord  eighteen  hundred  ami  sixty-one.    At  the 
i ■  to„-     same  time  the  said  commissioners  and  officers  shall  open  a  separate 


Whrn 
held 


ventiou 


poll  to  take  the  sense  of  the  qualified  voters  as  to  whether  any  action 
of  said  convention  dissolving  our  connection  with  the  federal  Union, 
or  changing  tbe  organic  law  of  the  state,  shall  be  submitted  to  the 
Howpolltobe  people  for  ratification  or  rejection;  and  in  order  to  ascertain  the 
sense  of  the  voters  upon  the  question  aforesaid,  the  said  officers  ehall 


CONVENTION.  26 

cause  to  be  kept  a  poll,  to  be  headed  "  Upon  the  question  of  refer- 
ring such  action  to  the  people  for  their  decision ;"  which  said  poU 
book  shall  have  two  column.-- — the  one  headed  "  For  referring  to  the 
people,"  and  the  other,  "Against  referring  to  the  people:"  and  tho 
names  of  those  who  VOte  for  the  former  shall  he  written  under  the 
former  heading,  and  those  who  vote  for  tlie  latter,  under  the  latter 
heading.      When  thi    said  officers  meet  as  herein  provided)  they  shall  Duty  of  offlcen 

ascertain  and  make  return  of  the  number  of  persons  voting  for  each 

proposition.  They  shall  forthwith  send  to  the  clerk  of  their  respec-  TCetums, how 
tive  counties  or  corporations  a  copy  thereof,  whose  duty  it  shall  be  to 
transmit  immediately  a  copy  thereof  to  the  president  of  the  conven- 
tion at  Richmond,  and  also  to  the  governor  of  the  commonwealth. 
In  case  any  officer  appointed  as  aforesaid  should  fail  to  act,  his  or 
their  place  shall  be  supplied  in  the  mode  prescribed  by  law  for  gene- 
ral <.  lections. 

2.  The  convention  shall  consist  of  one  hundred  and  fifty-two  Number  of 
members,  to  be  chosen  for  and  by  the  several  counties  and  cities  of  chosen  ' 
the  commonwealth,  as  prescribed  by  the  second  section  of  the  fourth 
article  of  the  constitution  of  this  state,  for  the  election  of  members 
of  the  house  of  delegates.  The  county  or  counties  which  alternately 
vote  for  delegates  to  the  general  assembly  under  the  said  article  of 
the  said  constitution,  and  which  at  the  next  election  for  delegates 
would  be  entitled  to  elect  a  delegate  or  delegates,  shall  elect  the 
same  number  of  members  of  the  convention,  and  in  the  same  man- 
ner that  they  would  be  entitled  to  if  the  election  were  for  members 
of  the  next  session  of  the  general  assembly. 

H.    Any  person   may  be  elected  a  member  of  the  convention,  who  Who  eligible 
at  the  time  of  election  has  attained  the  age  of  twenty-five  years,  and 
is  a  citizen  of  this  commonwealth. 

4.   All  pei-on-  shall  be  qualified  to  vote  on  the  question  and  in  the  who  to  vote 
election  aforesaid,  who  are  entitled  to  vote  for  delegates  to  the  general 
mbly  under  tie-  constitution  of  this  commonwealth.  ■ 

.r>.  NThe  said  election  -hall  in  all  H  i  in  the  mode  How  eleeUoa 

ribed,  and  the  officers  Conducting  the  same  shall  be  \.  -ted  with 

the  powers,  perform  the  duties,  receive  tin-  same  compensation,  and 
be  liable  to  the  penalties  prescribed  by  law-  for  genera]  elections,  ex- 
cept as  herein  provided. 

G.    The   polls  shall  remain  open   for  one  day  Only;   mid   the  COO- Polla,  how  loaf 
missioners  superintending  thi  ion  at  the  courthouses,  shall 

meet  iii  their  respective  counties  ami  corporations  on  the  second  day 
after  the  <  lection  da]  ;  .  hall  then  >  oonpare  toe  polls  for  thi  ir  r<  --,  np*red 

tivr  <  ..untie-  and  corporations  which  elect  a  delegate  or  •! 
and  ascertain  and  certify  the  retea  of  the  counties  and  corporati—i 


26  CONYI.NTInN. 

or  parts  thereof  comprising  election  districts,  ami  deliver  a  certified 
statement  thereof  to  1 1 » « -  officers  conducting  the  election  at  the  oourt- 
numinn  flii  bouses.  And  t<>  compare  the  returna  From  the  respective  eoonties 
.  and  parts  of  counties  forming  election  districts  for  members  of  the 
general  assembly,  the  officers  conducting  the  election  at  the  court- 
houses of  the  respective  counties  and  pi  rta  of  oounties  of  Buch  elec- 
tion districts,  shall  meel  and  compare  the  return;-  at  the  places  now 
required  by  law  for  such  comparison,  on  the  fourth  day  after  the 
election,  and  make  returns  of  the  election;  one  of  which  they  shall 
forthwith  transmit  by  until  to  the  governor:  another  with  the  poll 
books,  shall  be  delivered  i<>  the  clerk  of  the  county  or  corporation 
oourt,  to  be  filed  in  his  office;  ami  another  to  the  member  or  mem- 
bers elected  to  the  said  convention. 


When  conven- 
tion to  assemble 


7.  The  members  so  chosen  shall  meel  on  Wednesday  the  thirteenth 

oi  February  next,  al  the  capitol  in  the  city  of  Richmond,  and  pro- 

( ■  ed  to  adopt  such  measures  as  they  may  d<  i  m  expedient  for  the 

where  meeting*  welfare  of  the  commonwealth.    The  sessions  of  the  convention  shall 

be  held  in  the  capitol  until  otherwise  provided  for. 


Contested 
•lections 


8.   In  the  case  of  a  contested  election,  the  same  shall  be  governed 
in  all  respects  by  the  existing  laws  in  regard  to  contested  elections  in 

the  house  of  delegates,  unless  otherwise  ordered  by  the  convention. 


vacancies  9.   In  case  of  vacancies  occurring  previous  to  the  meeting  of  the 

convention,  the  governor  shall  issue  writs  to  supply  the  same;  and 
after  the  said  meeting,  the  writs  shall  be  issued  by  order  of  the  con- 
vention, and  the  elections  under  such  writs  shall  he  conducted  in  all 
respects  as  the  elections  herein  before  provided  for. 


Privileges  and 
•lections 


Compensation 


10.    The  said  convention  shall  he  the  judge  of  its  own  privileges 

ami  elections,  and  the  members  thereof  shall  have,  possess  and  enjoy 

all  the  privileges  which  members  elected  to  and  attending  on  the 

g(  neral  assembly  are  entitled  to;   and  moreover  shall  he  allowed  the 

same  pay  for  traveling  to,  attending  on  and  returning  from  the  said 
convention,  as  is  now  allowed  to  members  of  the  general  assembly 
for  like  Bervibes. 


Officer*,  bow 

appointed  and 
paid 


11.  The  said  convention  is  hereby  empowered  to  appoint  such 
officers,  and  to  make  them  such  reasonahle  allowances  for  their  ser- 
vices DS  il  shall  deem  proper;  which  several  allowances  shall  be 
audited  by  the  auditor  of  public  accounts,  and  paid  by  the  treasurer 
of  the  commonwealth,  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 


Expenses  of  12.   The  expenses  incurred  in  providing  poll  hooks  and  in  procu- 

ring writers  to  keep  the  same,  shall  he  defrayed  as  heretofore  in  the 


elections  of  members  of  the  general  assembly. 


DEFENCES   OF   THE    STATE.  27 

13.  Immediately  upon  the  passage  of  this  act,  the  governor  shall  Proclamation  by 
issue  a  proclamation  giving  notice  thereof,  of  the  time  of  holding  the 

election,  and  of  the  meeting  of  the  convention  herein  provided  for. 

14.  The  secretary  of  the  commonwealth  shall  cause  to  lie  sent  to  copies  of  act, 

_  ,  -  .  P     ,  .     Iww  diatributod 

the  clerks  of  each  county  and  corporation,  as  many  copies  nt  tins 
act  as  there  are  precincts  therein,  using  for  that  purpose  special 
messengers,  when  necessary  in  his  judgment.  It  shall  he  the  duty 
of  the;  clerks  to  deliver  the  same  to  the  sheriff  for  distribution,  who 
shall  forthwith  cause  a  copy  to  he  posted  at  the  door  of  his  court- 
house, and  at  some  public  place  in  each  election  district. 

15.  This  act  shall  he  in  force  from  its  passage.  Commencement 


Chap.  4. — An  ACT  to  create  an  Ordnance  Department. 
1  January  25,  L861. 

1.  Be  it  enacted  by  the  general  assembly,  that  an  ordnance  dc- Ordnance  de- 
partment  be  and   is  hereby  created,  to  consist  of  one  colonel  <>f  ord-  ated 
nance,  to  be  appointed  by  the  governor,  by  and  with  the  advice  and  what  officers 
consent  of  the  senate,  and  subordinate  officers,  not  exceeding  six  in  pointed, and 
number,  to  be  appointed  in  like  manner:  the  said  subordinates  toho 

hold  such  rank  as  may  be  prescribed  by  the  governor,  with  the  con- 
sent of  the  senate.     The  pay  and  allowances  of  all  commissioned  Pay  and  allow 
officers  of  the  ordnance  department  Bhafl  be  the  same  allowed  to 
officers  of  the  same  rank  and   service  in  the  United  States  army  on 
the  first  day  of  January  eighteen  hundred  and  fifty. 

2.  The  duties  of  the  said  department  shall  be  the  duties  performed  Duties  of  ord- 
by  the  ordnance,  quartermaster  and  subsistence  departments  of  thement  '°pa 
United  States  army,  and  such  other  duties  as  may  be  prescribed  by 

the  colonel  of  ordnance,  with  the  consent  of  the  governor. 

•'?.    The  officers  of  said  department  shall  be  governed  by  the  arti-  office™, how 
ol<  I  "f  war  and   regulations  which  are  in  forte  at   this  time  for 
government  of  the  troops  of  the  United  States,  so  far  a-  tin   same 
may  he  applicable. 

4.   The  duties  heretofore  assigned  to  the  commissioners  of  theoffleantoba 
armory  shall  hi'  performed   by  the  officers  whose  appointment  is ef  tho  armory 
authorised  bj  this  tot. 

5i    This  act  shall  he  in  force  from  its  passage.  Commencement 


2S  DEFENCES  OF  Tin:  statk. 


("mm'.  B. — An  ACT  appropriatinp  one  million  of  doll. n-  ;'•  r  the  Defence  of 

lonweaith. 

Iomi      i.   Be  it  enacted  by  the  gt  embly,  that  the  colonel  of  erd- 

nance  be  and  is  hereby  authorized  and  required,  under  tin-  direction 
of  tli'-  governor,  to  procure  such  arms.  equipments  and  mnnitioni  of 

How  monitions,  war  as  mav  lie   inn-.-arv   for   tin-   defence  of  the    State.      The  said 
Sic  ol> : 

oncer  is  also  authorized  to  contract,  under  the  direction  id'  th. 
rernor,  for  the  manufacture  in  this  state  of  equipments  and  muni- 
tions of  war.  and  may  buy  materials  to  he  used  in  the  manufacture 
of  the  same,  and  may  contract  with  parties  for  altering  and  im- 
proving in  thifl  state,  cannon  and  small  arms,  or  may.  in  his  discre- 
tion, purchase  machinery  and  materials  fur  such  purpose,  if  the  same 
Amount  appro-    cannot  he  done  by  contract  upon  as  reasonable  terms  :   pr<>\  ided,  that 

pri.lt  .  •',,  ii,  ii, ,  ,,,,  iir 

and  munition*     not  more  than  eight  hundred  thousand  dollars  shall  lie  expended   for 
such  purposes:  which  sum  is  hereby  appropriated  out  of  any  money 
rttrat  i  in  the  treasury  not  otherwise  appropriated.    The  arms  so  to  he  pur- 
chased shall  he  so  distributed  that  the  militia  of  the  slate  along  and 
mar  the  border  on  the  non-slaveholding  Btates  and  along  the  borders 

of  the  Chesapeake  hay,  and  the  navigable  streams  tributary  thereto, 
shall  he  put  on  equal  footing,  in  the  supply  of  arms,  with  the  militia 
of  any  other  part  of  the  commonwealth. 

Engineer  to  bo  'J.  P,e  it  further  enacted,  that  the  governor  is  hereby  authorized 
and  required  to  employ  forthwith  a  competent  engineer  for  the  pur- 
pose of  planning  and  constructing  such  coast,  harbor  and  river  de- 
fi  noes  as  are  immediately  needed  for  the  protection  of  the  common- 

piaa*  to  be mb- wealth :  provided,  however,  that  said  engineer  shall  first  Bubmit  his 

mitted  to  the  ,  -  ,      ,  r  ■  ,  ,  r       ,  • 

governor  plans,  with  the  cost  ol   executing   the   same,  to   the  governor  lor   his 

approval:  and  if  such  plans  he  approved  by  him,  the  same  shall  he 
Arsenal!  to  be  executed:  and  provided,  thai  for  the  defence  of  the  western  and 
northwestern  frontier  ami  the  Valley,  the  sum  of  fifty  thousand  dol- 
lars is  hereby  directed  to  he  applied  to  the  construction  id'  three 
arsenals:   one   at    or  near  the    Baltimore   and   Ohio   rail  road,  or  the 

Northwestern  Virginia  rail  road;  one  at  some  poinl  upon  the  Great 

Kanawha  river;  and  one  in  the  Valley  of  Virginia,  at  or  near  the 
town  ol'  Winchester:  the  precise  locations  of  which  shall  he  deter- 
mined h)'  the  governor,  upon  the  report  of  the  engineer  hereby 
BUM  for  eoaat,  authorized  to  he  employed;  and  he  is  further  authorized  and  required 
in  acquire  for  the  state,  by  purchase  or  condemnation,  such  sites  as 
may  he  required  for  the  defensive  works  aforesaid.  If  condemnation 
he  necessary,  it  shall  lie  conducted  as  in  the  proceedings  by  a  com- 
pany, county  or  town  to  take  land  without  the  owner's  consent. 

Amount  appro-        '.].    The  sniiMif  two  hundred  thousand  dollars  is  hereby  appropri- 

pna  ated    for  the    purposes  mentioned  in  the  preceding  section,  out  of 

any  money  in  the  treasury  not  otherwise  appropriated. 

Commencement      4.    This  act  shall  be  in  force  from  its  passage. 


DEFENCES    OF    THE    STATE.  29 

Chap.  6. — An  ACT  to  authorize  the  issue  of  Treasury  Notes. 
Passed  March  14,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  governor,  for  issur  of  treasury 
the  purpose  of  raising  means  for  the  defence  of  the  slate,  is  hereby  rized 
authorized  to  direct  the  auditor  of  public  accounts  to  borrow  for  the 
commonwealth  of  Virginia,  from  time  to  time,  au  amount  not  ex- 
ceeding in  the  aggregate  one  million  of  dollars :  ami  for  that  pur- 
pose, the  said  auditor  shall  issue  to  the  lender,  in  treasury  notes,  the 

amount  which  lie  purposes  to  loan,  in  sums  not  less  than  twenty  Not  less  than 
,  ,.  "    twenty  dollars 

dollars. 

2.  The  said   treasury  notes  shall  he  prepared  under  the  direction  How  prepared 
of  the  governor,  and  shall  he  signed  l)3r  the  treasurer,  and  counter- 
signed by  the  auditor  of  public  accounts,  but  shall  not  be  delivered 

by  the  said  auditor  until  the  receipt  of  the  treasurer,  stating  that  the 
par  value  thereof  has  been  paid  into  the  treasury.     The  said  notes  r,,  v.i.- m  pay- 
shall  be  made  payable  to  order  of  the  lender,  and  be  redeemable  at 

the  treasury  of  the  stale  one  year  after  their  respective  dates.      They  To  bear  Interest 
shall  bear  interest  at  a  rate  not  exceeding  six  per  centum  per  annum 
from  the  dale  of  their  issue  until  redeemed,  or  received  l>y  the  autho- 
rized officers  of  the  state  in  payment  of  dues  to  the  commonwealth. 
For  the  payment  of  the  interest  and  redemption  of  the  principal  at  Faith  of  state 
the  place  and  time  specified  on  flic  face  of  the  note,  the  faith  ofdeuiption 
the  commonwealth  of  Virginia  is  hereby  pledged. 

8.    The  said  notes  shall  be  transferable,  by  the  endorsement  of  How  transfer 

the  lender  to  bearer,  and  thereafter  by  delivery. 

4.  The  said  treasury  notes  shall  be  received  in  payment  of  taxes.  Receivable  la 
and  debts  actually  due  to  tin'  commonwealth,  after  the  thirtieth  day  public  dues 
of  September  mxt  ;   and  in  the  settlement  of  said  taxes  or  due:',  (he 

pi  rson  making  BUCh  payment  shall  be  allowed  the  amount  of  the 
principal,  and  the  interest  which  may  be  due  at  the  time  of  settle- 
ment, on  the  said  treai  ur\   not 

5.  The  officer  receiving  tin   treasury  note  in  payment,  shall  en- What  done  by 

l  i  ,  i  •  •   ,*  1  1  1  C         1 

thereon    that    the    same    is    paid,   and    the   late   ot    the    pay- c;v.,ii 
in  in  t  ;   and   the   person   tendering  the  same  in   payment  ot   taxes  Or  joes 
dues,  shall   subscribe  his  name.  Bfl  a  receipt  in  lull   therefor;   and   in  What  a) 
the  m  1th  meat  of  said  officer  with  the  auditor  of  public  accounts,  the  Wub  auditor 
principal   of  said    note  and   the   interest  thereon,  calculated   to  stieh 
date,  shall    be   in    full  discharge  of   so   much  of  the   taxes   or  dues 
charged  sgainsl  said  officer  for  collection.    No  treasury  note  so  en- 
dorsed and  subscribed,  shall  be  afterwardi  transferable. 

G.    The  auditor  of  public  accounts  [|  hereby  directed   to  cause  to  Mow  to  bore- 
be  redeemed  ill  treasurj  nol  •  Motived  by  the  collecting 


30  MIUMA. 

officer?,  principal  and  interest,  at  the  time  when  the  same  is  red)  Bill- 
able, and  presented  for  payment :  to  be  paid  ont  of  any  money  in 
ami  the  treasury  not  otherwise  appropriated.  And  if  the  said  notes  be 
net  presented  within  twelve  months  after  the  Bame  are  redeemable, 
the  said  auditor  shall  advertise  for  the  same  to  be  brought  in  on  a 
given  day.  and  after  such  day  the  int <  t  in  shall  & 

When  7.    Whenever   from   time  to  time  one   hundred   llmmand  dollars  of 

how  '  Baid  notes  shall  he  r<  turned  to  the  auditor  by   aid  ooUeotirj  :  officers, 

Or  shall  he  red(  t  nied  hy  him  as  herein  provided,  the  same  shall  be 
canceled  by  him,  and  be  delivered  to  the  treasurer,  to  be  preserved 

in  his  office:  and  from  time  to  time,  within  two  years  from  the  pas- 
sage <if  this  act,  an  amount  equal  to  the  sum  bo  canot  led,  may,  hy 
direction  of  the  governor,  be  again  issued,  Bubjeot  to  all  the  pro- 
visions  herein  before  prescribed. 

What  lists  to  be      8.    The  auditor  of  public  accounts  and   the   treasurer  shall   each 

whom"     y      keep  a  full  and  accurate  account  of  the  number,  date,  denomination 

and  amount  of  all  the  notes  Bigned  by  them  respectively,  and  of  the 

names  of  the  persons  to  whose  order  the  Baid  notes  are  B(  verally 
made  payable,  and  in  like  manner,  of  all  the  said  note-;  redeemed 
and  canceled. 

appropriation  9.  For  defraying  the  expense  of  preparing,  printing  and  engraving 
the  said  treasury  notes,  a  sum  n%t  exceeding  two  thousand  dollars  is 
hereby  appropriated,  to  he  paid  by  order  of  the  governor,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated;  and  the  plate  or 
plates  for  such  engraving  shall  be  preserved  by  the  treasurer,  and 

shall  be  destroyed  when  the  issue  of  said  notes  shall  cease. 

Provisions  as  to       10.    All   the  provisions  of  the   third,  fourth  and   sixth  sections  of 
plicabio'1' b  chapter  one   hundred   and   ninety-three  of   the  Code,   applicable  to 

bank  notes,  shall  he  hell  to  apply  with  the  same  effect  to  the  trea- 
sury notes  directed  to  he  issued  by  this  act. 


Banks  may  pur-      11.    It  shall  he  lawful  for  the  hanks  of  this  commonwealth  to  dis- 
count or  purchase  any  note  or  notes  issued  under  this  act. 

Commencement       12.    This  act  shall  he  in  force  from  its  passage. 


Chap.  7. — An  ACT  amending  certain  laws  respecting  the  Militia  of  the 
Commonwealth,  BO  as  to  render  them  nunc-  efficient. 

Passed  March  23,  1861. 

Code  amended  1.  Be  it  enacted  hy  the  general  assembly,  that  the  second  section 
of  chapter  twenty-five  of  the  Code  of  Virginia  shall  be  amended  and 
re-enacted  so  as  to  read  as  follows :   . 


MILITIA.  31 

"  §  2.   Notices  of  regimental  musters  and  training  of  officers  may  Notices  of  regi- 

,.,,,.-,.  ,  i  .    .  '    liii-ntul  mubten 

be  given  by  the  brigade  inspector,  liy  advertisement  m  one  or  more 
convenient  newspapers ;  but  tbe  expense  thereof  shall  not  exceed 
ten  dollars  fur  each  brigade  in  any  year.  Notice  of  company  urns-  Company 
ter|  shall  be  given  by  commandants  of  companies)  by  notices  to  be 
posted  al  three  separate  public  places  in  the  respective  company  dis- 
tricts, at  least  ten  days  previous  to  such  musters." 

£.    The  fourth  section  of  said  chapter  shall  be  amended  and  re-  Code  amended 
enacted  so  as  to  read  as  follows : 

"  §  4.    There  Bhall  he  two  trainings  in  every  year  of  all  the  officers  Trainings  of 
t  i  .  .      i    .1   i  i  "i"  r         i  officers, when 

of  each  county  ;  which  shall  be  at  the  courthouse  of  such  county,  held 

except  that  the  trainings  of  the  officers  of  the  cue  hundn  d  and  Exceptions 
thirty-first  regiment  shall  be  held  at  Lynchburg,  and  the  fall  train- 
ings of  the  officers  of  the  one  hundred  and  seventy-sixth   regiment 
may  be  held  at   Mannington,  if  a  majority  of  the  officers  of  lh.it 
regiment   bo  determine:    but  the  place  of  such  training  may  beHowchanged 
changed  by  the  brigadier  general«of  the  brigade,  upon  application  in 
writing  of  a  majority  of  the  officers  of  such  county.      Bach  training  Trainings  three 
shall  continue  three  successive  days.     The  first  shall  be  conduoted  conducted 
by  the  brigade  inspector,  in  the  manner  prescribed  by  law,  and  shall 
be  held  on  the  three  days  immediately  preceding  the  regimental  mus- 
ter.    The  second  shall  be  held  in  the  month  of  September  or  <  Ictober  When  held 
in  every  year,  commencing  on  suoi  day  as  may  be  appointed  by  the 
commandant,  and  .shall  be  conducted  by  the  senior  officer  present. 
The  governor  may  cause  to  be  issued  to  the  commandant  of  every  What  arms  may 
regiment  or  battalion,  arms  and  accoutrements  suitable  and  sufficient 
for  the  n-e  of  officers  of  such  regiment  or  battalion  training.     When  General  musters 
several  regiments  are  organized  in  the  same  county,  the  brigadier 
genera]  of  the  brigade  shall  appoint  the  general  musters  of  such 
regiments  on  separate  successive  days,  commencing  immediately 

after  the  framing  of  the  brigade  inspector.     The  brigade  inspector  Brigade inspeo- 

,       ,    ■       i  lore  to  attend 

shall  attend  all  regimental  and  battalion  musters  in   his  brigade.     It  To  inspect  anna 

shall  he  his  duty,  at   the  spring  training  and  musters,  to  inspect   all 
arms   in   the   hands  of   the   militia,  and   report  the  condition  of  the 
same,  with   all  instances  of  abuse,   to  the  adjutant    general.      Iii   DO 
hall   the  militia  of  any  county  be  required   to  go  out  of  such 
county  to  attend  any  regimental  muster  in  time  of  peace,  but  shall  whenmflitta 
when  insufficient  to  constitute  a  regiment,  be  organized  and  musb     d        ..ion 
as  a  battalion :  provided,  however,  that  when  the  militia  of  two  or 
more  adjoining  countiei  lying  east  of  the  Alleghany  range  of  moun- 
tains r  onstitute  one  regiment,  a  majority  of  the  commissioned  offii 
of  the  regiment  may  determine  to  have  regimental  musters  in  either 
of  said  counties,  in  lieu  of  battalion  m 

8.   The  ninth  section  <>(  chapter  twenty-five  shall  be  amended  and 

re-enacted  so  as  to  read  as  follows: 


32  MIIJTIA. 

nnimmrr  and        "  §  f>.   Each  brigade  inspector  shall  employ  a  drummer  and  fifcr 
bo  attend 
brigade.*' 


ompi,,  bo  attend  each  training  of  officers  and  regimental  musters  in  the 


•I.  The  tenth  section  of  chapter  twenty-five  shall  be  amended  tnd 
re-enacted  bo  bs  bo  r<  ad  as  follow    : 

Dnun  and  fife,       "§  10.  The  commandanl  of  each  regimenl  and  battalion,  when 

obtained  '  battalion  arc  Bnbstitnted  for  regimental  musters,  may  procure  lor  the 
11  e  of  hi-  regimenl  or  battalion,  and  for  the  dnun  and  life  majors 
attached  thereto,  once  in  ben  yearn,  if  necessary,  one  dram  and  life, 
upon  which   he  shall   cause  the  name  of  the  county  and   Dumber  of 

Bogio  the  regimenl  or  battalion  to  lie  marked.     In  like  manner  lie  may 

procure  one  bugle  for  each  company  of  cavalry  and  riflemen  attached 

Repairs  to  to  his  regimenl  or  battalion.  When  any  of  said  equipments  require 
repairs,  the  commandant  of  the  regimenl  or  battalion  may  procure 
the  same  to  lie  done.  The  commandants  of  regiments  and  battalions 
shall  submit  all  accounts  for  such  equipmi  nts  or  repairs  to  their  re- 
spective regimental  or  battalion  courts  of  enquiry,  which  may  make 

NowcquirLvnts  a  reasonable  allowance  therefor.  Where  the  court  allows  for  now 
equipments,  ii  shall  also  certify  that  no  Buch  equipments  have  been 
purchased  for  the  regiment  or  battalion  within  the  preceding  ten 
years.  Upon  such  allowance  (with  such  certificate  in  the  ease  of 
new  equipments)  the  said  commaudants  may  draw  upon  the  auditor 
of  public  accounts  in  favor  of  the  claimant,  to  be  paid  out  of  the 
militia  fine  fund,  for  the  amount  thereof/' 

.r>.    The  twentieth  section  of  chapter  thirty  shall  be  amended  and 
re-enacted  so  as  to  read  as  follows : 

Tickets  for  fin  r.«,      "  §  20.    Tickets  for  all  fines  imposed  by  the  battalion  and  regi- 
how  mad  .  ,.  .  in,  i  ii         i     ,         .    , 

and  collected      mental  courts  ol  enquiry,  shall  be  mad''  out  by  the  clerks  ol  those 

courts,  and  placed  in  the  hands  of  the  Bheriff  Or  other  collector  of 
the  revenue  for  collection,  and  shall  also  deliver  to  such  sheriff  or 
collector  an  alphabetical  list  of  such  tickets.  Such  tickets  and  list 
shall  be  delivered  to  such  sheriff  or  collector  after  the  firs!  day  of 
January  and  before  the  first  day  of  April  next  after  the  same  were 
imposed  by  the  battalion  or  regimental  courts.  The  said  clerks  BhaH 
also  prepare  a  copy  of  such  list,  furnished  to  such  sheriff  or  oolleo- 
Collector  or        tor,  at  the  foot  of  which  he  shall  take  from  the  Bheriff  or  collector  a 

gberilT'B  receipt  ,         .         .    ,  -,     .  .  ..     ,  ,      .  , 

receipt  for  the  tickets  named  therein,  and  shall  forthwith  transmit  to 
Prima  fucio         the  auditor  of  public  accounts  a  copy  of  such  list  and  receipt;  which 

evidence  ,     ..    ,  .,  ._.., 

shall  be  received  as  prima  lacie  evidence  in  any  action  or  motion 

against  such  Bheriff  or  collector.     If  there  be  no  tickets  for  fines, 

which  could  have  been  placed  in  the  hands  of  such  sheriff  or  collec- 

Penaity  on  clerk  tor,  the  clerk  shall  certify  that  fact  to  said  auditor.     If  the  said  clerk 

of  court  of  ... 

enquiry  fail  to  perform  any  duty  herein  required  of  him,  he  shall  forfeit  not 

less  than  one  nor  more  than  two  hundred  dollars.     The  Bheriff  may 


MILITIA.  33 

make  immediate  distress  for  said  fines,  and  shall  collect,  account  for 
ami  pay  the  same  into  the  treasury  on  the  fifteenth  day  of  December 
next  after  the   said   tickets   arc   required  to  be  BO  delivered.     Any  Penalty  on  col- 

sheriff  or  collector  failing  to  receive  the  tickets,  and  execute  a   re-  ' '" 

Oeipt  therefor,  as  provided  in  this  section,  shall  forfeit  not  less  than 
one  hundred  nor  more  than  five  hundred  dollars." 

6.  The   twenty-second   section  of   the    thirtieth   chapter  shall   be  O 
amended  and  re-enacted  bo  as  to  read  as  follows: 

"§22.    The  militia  lines  shall  constitute  a  fund  for  defraying  the  Militia  fines  a 
expenses  of  the  militia  establishment  in  time  of  peace.    All  expenses  pensi  ii 

of  the  militia  shall  be  paid  out  of  said  fund:  but  in  case  the  b; 
fund  shall  he  insufficient  for  that  purpose,  the  said  expenses  shall  I 

1       '  i  pud  ont  of  tlio 

paid  out  of  any  money  in  the  treasury  not   otherwise  appropriated,  treasury 

Claims  for  music  at  regimental  and  company  musters  prior  to  the  How  claims  for 

thirtieth  day  of  March  eighteen  hundred  and  sixty,  and  for  adver-  vertising  to  be 
tising  heretofore   in   local   newspapers,   under  the   provisions  of  the  p 
second   section  of  chapter  twenty-live,  shall  be  paid   for  under  the 
provisions  of   this   section,  when   said  claims   shall   }m   allowed   and 
certified  according  to  existing  laws,  or  which  existed  prior  to  said 
thirtieth  of  March  eighteen  hundred  and  sixty. 

7.  The  twenty-third  section  of  said  chapter  thirty  shall  he  amended  code  amended 
and  re-enacted  so  as  to  read  as  follows: 

"  §  2;}.   Claims  to  brigade  inspectors  for  training-  and  regimental  claims  of 

musters  conducted  and  attended  by  them  in  each  regiment,  and  fori',',1   anVfoT* 
mileage  thereto,  shall  be  certified  by  the  commandant  of  such  '«'.-i- ).',', V1' ■ 
ment;   and  claims  for  music  at  such  trainings  and  such  regimental  or 
battalion  musters,  and  mileage  to  musicians,  shall  he  certified  by  the 
brigade  inspector.    Such  claims,  so  certified,  or  so  much  thereoi  i 
may  lie  authorized  by  law,  shall  he  paid  11)1011  the  warrant  <>|   the  au- 
ditor of  public  accounts.      All  other  claims  authorized  by  law  shall  be  How  other 
allowable- by  the  regimental  courts  of  enquiry;  shall  Decertified  by  !,;;'',',  ,7,'^!"'"' 
the  clerk  of  the   regimental   court  allowing  the  same,  -and   shall   be 

countersigned  by  the  commandant  of  the  regiment.  The  1  lerk  of 
inch  court  shall  forthwith  transmit  £0  the  auditor  of  public  accounts 
a   list  of  all   claims  mi  allowed,  which  shall   also  be  coi  i   by 

the  commandant  of  such  regiment.      The  said   list  shall  hi-  the  guide 

of  the  auditor  of  public  accounts  in  his  settlement  of  said  claims. 
[f  no  claims  are  allowed,  the  clerli  shall  certify  that  fad.    All  snob 

claims,  mi  certified  or  allowed,  shall  be  in  faror  of  flic  person  per- 
forming tli'  B<  rvioea  or  presenting  the  ohargi 

-.     The  twenty-fourth  sec  lion  of  the  said  thirtieth  chapter  shall  1 

anuinled  and  re-(  uacb  d   .1  as  >"  r<  ad  as  foll< 

"  §  21.    In  time  of  peat  e,  no  claim  other  than  those  named   in  tl 
lection,  -hall  be  a!!-  ,111.  d  -hall  be  paid  out  of  the  mi- 


■u 


MILITIA. 


Amount  to  be 
paid  lir 
inspector 


Drummer  and 
fifer 


How,  if  band  be 
obtained 


Clerk  of  courts 
rf  enquiry 


rrovost  mar- 
shal 
Adjutant 


For  mustering:, 
notifying  and 
enrolling  com- 
pany 


Allowance  for 
equipments  and 
repairs 


For  advertising 


litis  fine  fond,  as  in  the  twenty-second  section  of  chapter  thirty  of  the 
Code  is  provided, vis:  To  esoh  brigade  inspector,  five  dollars  per  day 
for  every  day  he  shall  attend  the  training  of  officers  and  regimental 
masters,  and  ten  cents  for  every  mile  be  shall  necessarily  travel  going 
and  retaining,  as  provided  in  the  eighth  section  of  chapter  twenty- 
five  of  the  ( 'title.  Eaohdrnmmer  sad  fiferwho  .-hall  attend  the  train- 
ing of  officers  in  the  brigade,  shall  be  allowed  three  dollars  per  day 
for  their  respective  services,  and  four  cents  for  evi-ry  mile  of  neces- 
sary travel  in  going  and  returning,  according  to  the  ninth  section  of 
said  chapter  twenty-five.  A  drummer  and  fifer  and  bngler  to  attend 
the  fall  training  of  officers,  regimental,  battalion  and  company  mus- 
ters, including  volunteer  as  well  as  other  companies,  shall  he  allowed 
each  two  dollars  per  day  for  their  services:  provided,  if  a  drummer 
and  fifer  cannot  he  obtained,  and  the  service  of  any  band  is  obtained, 
they  shall  be  allowed  five  dollars  per  day.  To  the  clerk  of  every  re- 
gimental court  of  enquiry,  for  attendance  on  each  court  or  board  of 
officers  during  its  session,  not  exceeding  five  dollars.  For  making 
out  the  list  and  tickets  to  be  placed  in  the  hands  of  the  sheriff  or 
other  collector  in  any  year,  five  dollars ;  and  for  the  copies  thereof  to 
be  certified  to  fho  auditor,  and  for  stationery  for  the  use  of  said  court. 
five  dollars.  To  the  provost  marshal,  for  each  day  he  shall  attend 
the  courts  of  enquiry,  two  dollars.  To  the  adjutant  of  every  regi- 
ment, for  attending  the  regimental  musters  and  the  training  of  offi- 
cers, four  dollars  for  each  day's  attendance.  To  the  adjutant,  or  any 
other  officer  of  the  line  ordered  to  perform  the  duty  of  enrolling,  no- 
tifying and  mustering  any  company  which  has  no  officers,  and  report- 
ing delinquents  in  said  company,  two  dollars  per  day  whilst  actually 
employed  in  such  duty,  so  that  the  same  does  not  exceed  six  dollars 
for  any  company  in  one  year.  For  equipments  and  repairs  for  musi- 
cal instruments,  as  prescribed  in  the  tenth  section  of  chapter  twenty- 
five,  and  under  the  restrictions  contained  therein,  there  shall  be  a 
reasonable  allowance  made  therefor.  For  advertising  under  the  pro- 
visions of  the  second  section  of  chapter  twenty-live,  such  sums  as 
may  have  been  actually  incurred,  not  exceeding  the  amount  allowed 
in  said  section." 


9.   The  twenty-fifth  section  of  chapter  thirty  shall  be  and  the  same 
is  hereby  repealed. 


Code  amended 


Horses  to  bo 
allowed  to  artil 
lery  companies 


10.  The  twelfth  section  of  chapter  twenty-six  of  the  second  edi- 
tion of  the  Code  of  Virginia,  shall  be  amended  and  re-enacted  so  as 
to  read  as  follows : 

"  §  12.  Each  company  of  artillery,  equipped  with  ordnance,  shall 
he  allowed  horses  to  draw  its  pieces  and  caissons  at  every  muster  re- 
quired by  law,  and  the  regimental  courts  of  enquiry  shall  make  pro- 
per allowance  therefor,  but  said  courts  shall  not  allow  for  more  than 
two  horses  for  each  piece  and  two.  horses  for  each  caisson,  nor  more 
than  one  dollar  for  each  horse  actually  employed  at  such  musters." 


MILITIA.  35 

11.  The  thirteenth  section  of  an  act  passed  March  thirtieth,  eigh-  Act  of  i860 
teen  hundred  and  sixty,  entitled  an  act  for  the  better  organization  of"' 

the  militia  of  the  commonwealth,  is  herehy  amended  and  re-enacted 
so  as  to  read  as  follows  : 

"  §  13.   There  may  be  as  many  troops  of  cavalry,  as  many  com-  An  to  troops  of 
,  ,-«.,.«  .n  ,  ,  cavalry  and 

jinnies  of  artillery  and  ot  light  infantry  or  riflemen,  as  have  been  orartillerj 

may  be  organized  within  the  bounds  of  the  regiment  to  which  they 
belong,  or  within  any  county  or  city,  if  there  be  more  than  one  regi- 
ment in  such  county  or  city,  or  within  the  bounds  of  two  or  more 
adjoining  regiments  in  different  counties.  Such  companies  shall  con-  of  what  number 
gist  of  not.  less  than  fifty  nor  more  than  one  hundred  men,  rank  and 
file,  to  be  raised  by  voluntary  enlistment  for  four  years." 

12.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  8. — An  ACT  to  authorize  tho  County  Courts  and  any  incorporated 
City  or  Town  to  arm  the  Militia  of  their  respective  Counties,  Cities  aud 
Towns,  and  to  provide  means  therefor. 

Passed  January  19,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  county  courts  County  courts 
of  Charlotte  county,  and  such  other  counties  as  may  accept  the  pro-  ann  militia 
visions  of  this  act,  as  herein  after  provided,  may  arm  such  portion  of 

the  militia  of  their  respective  counties  as  they  may  deem  expedient, 
and  as  may  be  without  arms:  provided  the  authority  hereby  given  Proviso 
shall  not  be  construed  to  impair  any  power  over  this  subject  vested 
by  law  in  the  governor. 

2.  For  the  purpose  of  paying  the  debt  thus  incurred,  the  courts  power  to  ap- 
shall  have  power  to  appoint  an  agent  or  agents  to  negotiate  a  loan  or  negotiate  loan?. 

loans  for,  and  in  the  name  of  such  county,  and  at  the  term  at  which  Author! 
it  makes  fa  county  levy,  shall  levy  00  all  the  lands  and  all  other 
Subjects  liable  to  that  tax  and  eounty  levy  in  such  couuly.  without 
the  limits  of  a  town  that  provides  for  its  poor  and  keeps  its  streets  in 
order,  such  tax  to  pay  the  said  debt,  or  part  of  such  loan  or  loans,  as 
may  be  authorized,  and  the  interest  thereon,  as  -aid  COUll  may  deem 

necessary  and  proper;  ami  from  year  to  year  repeal  such  a— 

mentB,  until   the   amount   authorized,  or  loan   made   by   such   court. 
together  With   all   interest.  i<  fully   paid.     But   such  levy  for  a  TTilT TThIiIuUiiii 

shall  not  exceed  one-third  of  the  whole  amount  of  debt  thus  incurred, 

at  one  time. 

3.  And  in  caM  any  such  county  shall  have  already  issued  it-  bonds  bm  of  bond* 

for  the  purpose  herein  ipeoiftei,  the  same  shall  be  and  is  hereby 

legalized  and  made  valid,  whenever  all   the  acting  justices  of  such 


:U;  PAYMENT   TO   COMMISSIONERS. 

count v  shall  have  been  summoned  to  attend  the  court  to  consider  the 
subject,  and  a  majority  shall  be  present  and  oonsenting  thereto. 

isjority      4.    The  sai<l  courts  shall  not   contract   any  debt   or  liability  under 
. ,|ryS         the  provisions  of  this  act,  onlesa  all  the  acting  justices  tht  reof  shall 
have  been  summoned  to  attend  the  court  to  oonaider  the  subject,  and 
a  majority  shall  be  present  and  voting  on  the  question. 

Acts  to  apply  to      -r>.    This  act  shall  apply  to  all  counties  wherein   the  county  court. 
Tit       the  justices  thereof  having  been  summoned  to  oonaidex  the  same, 
and  B  majority  being  present,  shall  accept  it. 

Cities,  &c  may       6.    Any  incorporated  city  or  town,  through  their  councils  or  trus- 
avaU themaelves teeBi  ]|);|V  avay  themselvea  of  the  provisions  of  this  act,  and  shall 

have  power  to  raise  the  amount  necessary,  by  loan  or  taxation,  as 

they  may  determine. 

Regulations  for        7.    The  said  county  courts  and  corporations  accepting  the  provi- 
imTm.nnof      sions  of  this  act,  may  make  such  regulationa  aa  may  be  necessary  for 
the  preservation,  and  the  return  of  said  arms  when  demanded. 

commencement       8.    This  act  shall  he  in  force  from  its  passage. 


Chap.  9. — An  ACT  providing  for  Payment  of  Commissioners  of  Virginia 
to  the  Peace  Conference  at  Washington  and  to  the  Southen 


I   March  15,  L861. 


Amount  m  com-     1.   Be  it  enacted  by  the  general  assembly,  that  John  Tyler,  Wil- 
.,  liam  C.   Rives,  George  W.   Summers,  .John  W.  Jirockenbrough  and 
James  A.  Seddon,  commissioners  heretofore  appointed  by  the  con- 
current vote  of  the  general  assembly,  to  meet  and  consult  with  com- 
missioners from  the  other  states  of  the  Union,  at  Washington  in  the 
district  of  Columbia,  upon  the  matters  which  now  disturb  the  quiet 
of  the  country,  shall  each  receive  ten  dollars  per  (lay  for  attendance 
on  the  said  convention  of  commissioners,  and   shall  moreover  ho 
allowed  mileage  at  the  rate  of  twenty  cents  for  travel  to  and  from 
Additional  al-      the  place  of  session  of  the  said  convention  ;  and  the  additional  sum 
towance  to  John  Qf  gix  ^^  ^  flfty  ^  ][iu  ]>y  (linrU.(l  t(l  |,e  pft^  t0  the  Hon.  John 

Tyler,  as  president  of  said  convention. 

antodon-      2.    Be  it  further  enacted,  that  John  Tyler,  commissioner  to  the 
^V/miV,"  president  of  the  United  States,  and  John  Robertson,  commissioner 
seceded  states     from  t]lig  gtate  to  tjie  seVeral  states  that  have  seceded  or  might  secede 
from  the  federal  compact,  shall  be  entitled  to  the  same  pay  and  mile- 
age as  the  commissioners  herein  before  in  the  first  section  named. 


PUBLIC   GUARD.  37 

3.  The   auditor   of   public   accounts   is   hereby   authorized    and  How  paid 
directed  to  audit  the  respective  claims  of  the  said  commissioners, 

and  to  issue  his  warrant  therefor  on  the  treasury,  payable  out  of  any 
money  therein  not  otherwise  appropriated. 

4.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  10. — An  ACT  authorizing  the  Superintendent  of  the  Armory  to  pro- 
\  i'l    Quarters  for  a  portion  of  the  Public  Guard. 

Passed  February  23,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  superintendent  Superintendent 

i  '•!/,•  i  "'  armory  to 

ot  the  armory  be  authorized  to  rent  temporarily  (subject  to  the  ap- rent  quarters 

proval  of  the  governor),  quarters  for  such  portion  of  the  public  guard 

as  it  maybe  necessary  to  remove  from  the  armory  buildings,  in  order 

to  complete  the  repairs  necessary  for  the  manufacture  of  arms. 

2.  Be  it  further  enacted,  that  a  sum  not  exceeding  twenty-five  Amount  appro 
hundred  dollars  be  and  is  hereby  appropriated  for  the  purpose  of 
carrying  out  the  foregoing  provision  ;  to  be  paid  from  time  to  time, 

Upon  the  order  of  the  governor,  drawn  upon  the  auditor  of  public 
accounts. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  11. — An  ACT  to  increase  the  Pay  of  certain  Officers  of  the  Public 

Guard. 

Passed  April  1, 1861. 

1.  Be  it  enacted  by  the  jreneral  assembly,  that  the  third  Beotion  of  Section  3  of  en 
chapter  thirty-three  of  the  Code  be  amended  and  re-enacted  so  as  to  amended 
read  as  follows  : 

"  §  ){.    The   pay  pel  month  of  the  said   company  shall   be  as  fol- r 
lows:  Of  the  captain,  sixty  dollars:   of  the  first   lieutenant,  fifty 
dollars)  Of  the  second   lieutenant,  forty-live  dollars;   of  the  first  sir-  other  offioen 
geant.  twenty  dollars:   of  each  other  sergeant,  seventeen  dollars:   of 
each  corporal  and  musician,  thirteen   dollars:   and  of  each   private, 
eleven  dol  h  non-commissioned  officer,  musician  and  pri- nations  of  am- 

i     ii  •  ■  i         •      i  •     i  i     i  ii-       commissioned 

rate  Shall  receive  one  ration  per  day.  m   kind,  and  the  same  clothing  officers, mast* 

ami  quartermaster's  ston  i  as  sre  allowed  to  infantry  in  the  servii    ol         "'  p 
the  United  under  the  laws  and  regulations  thereof  now  in 

Bach  of  the  commissioned  officers  shall  be  entitled  to  four  Rations  of  oem 


<Kj  cmoun  conns. 

missioned         rations  per  day.  to  lie  commuted  at  thirty  tents  per  ration,  ami  slab 

shall  lie  allowed,  lor  MM  servant,  the  pay,  rations  and  clothing  of  a 
private,  and  such  <[uartcrnia>t<r's  stores  for  himself  and  servant  as 
are  now  allowed  to  the  oflieers  of  the  same  grade  in  the  infantry  of 
Proviso  the  United  States:  provided,  however,  that  the  captain  of  the  public 

guard  shall  not  receive  the  increase  of  pay  allowed   him  by  this  act. 
while  receiving  a  salary  as  superintendent  of  the  armory." 

commencement      2.   This  act  shall  he  in  force  from  its  passage. 


Chap.  12. — An  ACT  changing  the  time  of  holding  the  Circuit  Court  in  the 
town  of  Danville. 

Passed  March  1,  1861. 

Act  of  1860  1.    Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 

amended  the  ^  pagge(1  \iarc.],  twentieth,  eighteen  hundred  and  sixty,  entitled 

an  act  to  establish  a  circuit  court  for  the  town  of  Danville,  be 
amended  and  re-enacted  so  as  to  read  as  follows : 

"§  1.  Be  it  enacted  by  the  general  assembly,  that  there  shall  be 
held  in  the  town  of  Danville,  twice  in  each  year,  a  circuit  court  for 
said  town,  the  jurisdiction  whereof  shall  extend  to  all  cases  arising 
within  the  corporate  limits  of  said  town,  over  which  the  circuit  court 
Time  of  holding  of  the  county  of  Pittsylvania  now  has  jurisdiction  ;  and  the  said 
Dran"vnice°urt  °f  court  shall  be  held  on  the  twenty-fifth  day  of  March  and  on  the 
twenty-fifth  day  of  August,  by  the  judge  of  the  fourth  judicial 
circuit." 

•  ommencement      2.   This  act  shall  be  in  force  from  its  passage. 


CHAP.  13. — An  ACT  changing:  the  time  of  holding  the  Terms  of  the  Cir- 
cuirt  Courts  of  the  Counties  of  Hardy  and  Page. 

Pa9Scd  January  24,  1861. 

Code  amended  1.  Be  it  enacted  by  the  general  assembly,  that  the  nineteenth  sec- 
tion of  chapter  one  hundred  and  fifty-eight  of  the  Code  of  Virginia- 
be  amended  and  re-enacted  so  as  to  read  as  follows: 

Twelfth  circuit  "  §  19.  In  the  twelfth  circuit :  For  the  county  of  Warren,  on  the 
twenty-fifth  day  of  March  and  twenty-fifth  day  of  August;  for  the 
county  of  Shenandoah,  on  the  thirtieth  day  of  March  and  the  thir- 
tieth day  of  August ;  for  the  county  of  Page,  on  the  eighth  day  of 
April  and  the  eighth  day  of  September ;  for  the  county  of  Hardy,  on 


CIRCUIT    COURTS. ORDERS   OF   PUBLICATION.  39 

the  eighteenth  day  of  April  and  eighteenth  day  of  September;  for 
the  comity  of  Pendleton,  on  the  twenty-seventh  day  of  April  and 
twenty-seventh  day  of  September;  for  the  comity  (if  Highland,  on 
the  second  day  of  May  and  the  second  day  of  October ;  for  the  county 
of  Rockingham,  on  the  eleventh  day  of  May  and  the  eleventh  day  of 
( ►otober." 

2.    This  act  shall  be  in  force  from  its  passage.  Commencement 


Cii  w.  14. — An  ACT  changing  the  time  of  holding  the  Courts  in  the  fifteenth 

Judicial  Circuit. 
Passed  Aprils,  1861. 

1.  Be  it  enacted  by  the  general   assembly,  that  the  act  passed  Act  of  1860 
February  twenty-ninth,  eighteen  hundred  and  six™,  entitled  an  act 

to  change   the  time  of   holding  courts  in  the  fifteenth  circuit,  be 
amended  and  re-enacted  so  as  to  read  as  follows  : 

"  For  the  county  of  Clay,  on  the  first  day  of  April  and  September  ;  Fifteenth  circuit 
for  the  county  of  Nicholas,  on  tlie  sixtli  day  of  April  and  September; 
for  the  county  of  Webster,  on  the  fourteenth  day  of  April  and  Sep- 
tember; for  the  county  of  Raleigh,  on  the  third  Monday  in  April 
and  September;  for  the  county  of  Wyoming,  on  the  fourth  Monday 
in  April  and  September;  for  the  county  of  Logan,  on  the  first  Mon- 
day after  the  fourth  Monday  in  April  and  September;  for  the  county 
of  Boone,  on  the  second  Monday  after  the  fourth  Monday  in  April 
and  September;  for  the  county  of  Mercer,  on  the  twentieth  day  of 
May  and  October;  for  the  county  of  Giles,  on  the  twenty-seventh 
day  of  May  and  October:  for  the  county  of  Fayette,  on  the  Seventh 
day  of  June  and  November." 

2.  This  act  shall  he  in  force  from  and  after  the  first  day  of  August  Commencement 

next. 


Chap,  15, — An  ACT  authorising  the  <  the  Supreme  Court  and  die 

District  Courts  erf  Appeals  to  take  Ordera  of  Publication  in  Vacation. 

binary  18,  iffil. 

1.  Be  it  enacted  by  the  general  assembly,  that  when  by  the  return  wi..n. 
of  any  officer  of  process  Lamed  to  answer  any  appeal  or  rap  rot  d<  as  Cetmed 
now  pending,  or  which  may  be  hereafter  pending  in  the  supn 
court  of  appeals,  ox  in  the  district  courts  ol  app<  all  In  this  common- 
wealth, or  when  from  affidavits  filed  with  either  of  the  olerki  of  said 
courts,  it  shall  appear  that  the  appellee  or  defendant  in  any  such 
appeal  or  supersedeas  i-  a  non-resident  of  this  commonwealth,  or 


40  CHANGES    in    t  ODE. 

that  tin-  nanus  OX  place  of  residence  of  BUch  parties  are  unknown. 
.-.i  thai  process  cannot  he  served  upon  them,  it  shall  ami  may  be 
lawful  for  the  clerks  of  either  of  BUOh  courts  in  vacation,  upon  appli- 
on,  to  lake  ami  is>ue.  on  the  first  Monday  in  any  month,  an  order 
of  publication  against  such  absent  or  unknown  parties,  requiring 
them  to  appear  on  a  certain  day  to  lie  designated  in  said  order,  then 
and  there  to  answer  the  said  appeal  or  supersedeas,  and  to  have  a 
rehearing  of  the  whole  matter  therein  contained. 

H  m  published  2.  Be  it  further  enacted,  that  a  copy  of  such  order  id'  publication 
shall  he  inserted  for  four  weeks  in  some  newspaper  to  he  named 
therein,  and  posted  at  the  door  of  the  courthouse  of  such  courts; 
and  when  it  shall  appear  that  said  order  of  publication  has  been 
duly  published  and  posted  as  aforesaid,  the  said  courts  may  proceed 
to  hear  and  decide  such  causes  in  the  same  manner  as  if  the  said 
parties  had  been  personally  served  with  process  :  provided.  ho\\c\er. 
that  the  order  o#publicat ion  shall  have  been  executed  as  aforesaid 
at  least  thirty  days  before  the  day  on  which  any  such  case  may  be 
called  for  trial. 

a<        '.i.    This  act  shall  be  in  force  from  its  passage. 


Chap.  l(i. — An  ACT  amending  and  re-enacting  the  firsl  section  of  chapter 
198  of  the  Code,  edition  of  I860. 

Passed  April  1,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 
chapter  one  hundred  and  ninety-eight  of  the  amended  Code  of  Vir- 
ginia for  eighteen  hundred  and  sixty,  shall  lie  amended  and  re-en- 
acted so  as  to  read  as  follows  : 

iclnded  "§  1.  A  free  person,  who  shall  keep  or  exhibit  a  gaming  table, 
bit'edganu'"  commonly  called  A  1!  C,  or  E  0  table,  or  faro  bank,  or  keno  table, 
or  table  of  the  like  kind,  under  any  denomination,  whether  tin-  game 
or  table  be  played  with  cards,  dice  or  otherwise,  or  who  shall  be  a 
partner,  or  concerned  in  interest  in  the  keeping  or  exhibiting  such 
table  or  bank,  shall  be  confined  in  jail  not  less  than  two  nor  more  than 
twelve  months,  and  be  lined  not  less  than  one  hundred  nor  more  than 
one  thousand  dollars.  Any  such  table  or  faro  bank,  and  all  the 
money,  stakes  or  exhibits  to  allure  persons  to  bet  at  such  table,  may 
be  seized  by  order  of  a  court  or  under  the  warrant  of  a  justice;  and 
the  money  so  seized,  after  deducting  therefrom  one-half  for  the  per- 
son so  making  the  seizure,  shall  be  forfeited,  as  is  prescribed  in  the 
twenty-fourth  section  of  chapter  fifty-one,  in  respect  to  the  forfeiture 
declared  by  that  chapter,  and  the  table  and  faro  bank  burnt." 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


CHANGES   IN   CODE.  41 


Chap.  17.— An  ACT  to  amend  the  23d  section  of  the  61sl  chapter  of  the 
Code,  entitled  "Of  Works  of  Internal  improvement." 

Passed  March  L8,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  section  twenty- Code  amended 

throe  of  chapter  sixty-one  of  the  Code  is  hereby  amended  and  re- 
maned BO  as  to  read  as  follows  : 

"  §  23.    A  collector  of  tolls  for  any  company  may  refuse  to  lei  any  Toll  to  bo  paid 

person  or  thing  pass  on  the  company's  work  until  the  toll  he  paid; 

and  the  collector  or  other  authorized  officer  of  the  Albemarle  and  What  officers 

,  ,     may  examine  on 

Chesapeake  canal  company,  the  Dismal  Swamp  canal  company,  the. 

Chesapeake  and  <  >hio,  and  Alexandria  canal  companies,  may  examine 
upon  oath  or  affirmation  any  person  having  charge  of  any  vessel, 
merchandise  or  thing  subject  to  tolls  or  compensation,  for  the  pur- 
pose of  ascertaining  the  quantity  or  amount  thereof;  for  which  pur- 
pose such  collector  OI  other  officer  may  administer  an  oath  or  affir- 
mation :  and  any  person  answering  falsely  upon  such  examination,  What  penalty 
shall  be  liable  to  prosecution  and  punishment  for  perjury,  as  provided  Bwering 
by  law.  If  any  person  or  thing  pass  the  toll  gate  or  other  place  for 
payment,  without  paying  Or  tendering  the  toll,  such  person,  or  the 
owner  or  person  in  possession  of  such  thing,  shall  forfeit  to  the  com- 
pany ten  dollars.  And  the  like  forfeiture  shall  be  incurred  where 
any  person  or  thing  subject  to  the  toll  of  a  turnpike  company,  is 
•1   through  any  private  gate,  bars  or  fence,  for  the  purpose  of 

evading  the  payment  of  the  toll.     Any  such  collector  knowing  of  a  Duty  of  collee 

...  ,•    -i  •  •  i    ii  ■  t     "  ,  i      •    t  .,  tor  as  to  viola- 

violation  ol  this  section,  shall  immediately  make  it  known  to  the  pre-  t  ion  of  act 

sident  or  one  of  the  directors.  If  he  fail  to  do  so,  he  shall  forfeit  to 
the  company  twenty  dollars;  which  may,  if  so  much  of  his  compen- 
sation remain  unpaid,  be  deducted  therefrom." 

2.  ThU  act  shall  lie  in  force  from  its  passage.  Commencement 


Chap.  18.— An  ACT  to  amend   the   1'tli   section  <>f  chapter   109  of  the 
Code  of  Virginia,  si  cond  edition. 

I  March  30,  1861. 

I.    Be  it  enacted  by  the  general  assembly,  thai  the  fifteenth  see- Code  amended 
tion  of  chapter  one  hundred  and  nine  of  the  Code  <d  Virginia  be 
amended  and  re-enacted  so  u  to  r<  ad  u  foil" 

"§  l.").   When  a  decree  tor  a  separation  forever  or  for  a  limited  b 
period  shall  have  been  pronounced  in  a  suil  for  a  divorce  from  bed 

and   board,  it   may  be  revoked  at   any  time  thereafter  by   tin    same 
court  by  v\hich  it  was  pronounced,  under  such  regulations  and  fl  it 


i'2 


CHANOE8    IN    CODE. 


turns  as  tin-  curt  nay  impose,  upon  the  mint  application  of  the  par- 
t i < •  s :  ;in<l  apon  their  producing  satisfactory  evidenoe  of  their  recon- 
ciliation, and  when  a  divorce  Brom  bed  and  board  1ms  been  decreed 
for  abandonment  or  desertion,  and  five  jrean  shall  have  elapsed  Brom 
the  abandonmenl  <>r  desertion  without  such  reconciliation,  the  court 
may.  npon  the  application  of  the  injured  party  and  the  production  of 
aotoij  evidence,  whether  taken  theretofore,  <>r  in%npport  of 
Bach  application,  decree  a  divorce  Brom  the  bond  of  matrimony: 
provided  the  court  shall  be  of  opinion  thai  such  a  decree  would  have 

been  proper  when  the  decree  from  bod  and  board  was  pronounced, 
had  five  yean  then  elapsed  and  the  whole  evidenoe  adduced  upon 
said  application  boon  before  the  court,  and  that  no  reconciliation  is 

probable." 


How  divorcr  a 
vinculo  m:«y  1m- 
inn]  during  :i 


Proviso 


Commencement      2.    This  act  shall  l>c  in  force  from  its  passage. 


Chap.  19.— An  ACT  to  amend  the  1st  section  of  chapter  149  of  the  Code 
of  Virginia  relative  to  the  Limitation  of  Suits,  bo  as  to  limit  the  right 
to  make  an  Kniiy  or  bring  an  Action  to  recover  Land  West  of  the 
Alleghany  Mountains. 

Passed  March  27,  1861. 

Code  amended  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  first 
section  of  chapter  one  hundred  and  forty-nine  of  the  Code  of  Vir- 
ginia, passed  in  the  year  one  thousand  eight  hundred  and  forty-nine, 
be  amended  and  re-enacted  so  that  the  same  shall  be  as  follows: 

Time  within  "§  1.    No  person  shall  make  an  entry  on,  or  bring  an  action  to 

may  be  brought  recover  any  land  lying  east  of  the  Alleghany  mountains,  but  within 
fifteen  years,  or  any  land  lying  west  of  the  Alleghany  mountains,  but 
within  ten  years  next  after  the  time  at  which  the  right  to  make  such 
entry  or  bring  such  action  shall  have  first  accrued  to  himself,  or  to 
some  person  through  whom  he  claims." 


Actions  now 
pending  not 
affected 


2.  Nothing  in  this  act  shall  affect  any  action  now  pending,  or  pre- 
vent the  making  of  any  entry  or  bringing  of  any  action  within  two 
years  next  after  the  passage  hereof;  but  every  such  action  now 
pending,  and  every  such  entry  or  action  that  may  hereafter  be  made 
or  brought  within  the  last  mentioned  time,  shall  be  governed  by  the 
law  existing  immediately  before  the  passage  hen  of. 


Commencement       3.    This  act  shall  be  published  for  sixty  days  in  two  newspapers 
printed  in  the  city  of  Richmond. 


CHANGES   IN   CODE.  43 


ClTAr.  20. — An  ACT  to  amend  chapter  108  of  the  Code,  concerning  Births, 

Marriages  and  Deaths. 

PBSBed  March  L5,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fourteenth  Code  amended 
section  of  chapter  one  hundred  and  eight  of  the  Code  of  Virginia, 

edition  nf  eighteen  hundred  and  sixty,  shall  be  amended  and  re- 
enacted  60  as  to  read  as  follows : 

"§  14.  It  shall  he  the  duty  of  every  clerk  issuing  a  marriage  Duties  of  dorks 
license,  to  ascertain  from  the  party  obtaining  the  same,  nnd  to  make  licenses 
a  record  thereof,  before  delivering  the  said  license,  as  near  as  may 
be,  of  the  time  and  place  of  the  proposed  marriage;  the  full  names 
of  both  the  parties;  their  respective  ages  before  marriage:  whether 
they  are  single  or  widowed  ;  the  places  of  their  birth  and  residence; 
occupation  of  the  husband,  and  of  the  names  of  their  parents,  unless 
for  good  cause  the  clerk  deem  it  expedient  to  omit  the  names  of  their 
parents.  Such  license  shall  be  signed  by  the  clerk,  and  shall  be  in 
the  following  form,  mutatis  mutandis : 

'County  (or  city)  of  ,  to  wit:  Form  of  lie 

To  any  person  licensed  to  celebrate  marriages  ! 

You  are  hereby  authorized  to  join  together,  in  the  holy 
state  of  matrimony,  according  to  the  rites  and  ceremonies  of  your 
church  or  religious  denomination,  and  the  laws  of  the  commonwealth 
of  Virginia,  and 

Given  under  my  hand  as  clerk  of  the  county  (or  corporation)  court 
of  the  county  (or  corporation)  of  this         day  of 

in  the  year  one  thousand  eight  hundred  and  .' 

The  clerk,  at  the  time  of  issuing  the  license,  shall  not  only  make  Reoordof  fecta 

a  complete  record,  in  a  well   bound   book,  of  all   matters  in  this  Bee-  clerk 

tion  required  to  be  ascertained  by  him,  but  shall  annex  to  the  said 

license  a  certificate  showing  the  time  of  the   proposed  marriage;   the 

place  proposed  therefor;  the  age  of  the  proposed  husband:  his  place 
of  birth:  the  condition  of  the  parties  before  marriage  (whether 
widowed  or  single) :  the  place  of  the  proposed  husband's  residence, 

and  his  occupation:  the  names  of  his  parents;  the  age  of  the  pro- 
posed w  ife  :  her  place  of  birth  ;  her  condition  before  marriage  (whe- 
ther widowed  or  single) ;  her  residence,  and  the  Dames  of  her  parents. 
The  minister  oelebrating  such  marriage  shall,  within  ten  dayi  there-  Duty  of  minister 

after,  return  the  said  license  to  tl ffioe  of  the  clerk  who  LMUed  the 

same,  with  an  endorsement  thereon  of  the  fa<  t  of  such  marriage,  and 
the  time  and  place  of  celebrating  the  same." 

2.  The  fifteenth  section  of  the  same  chapter  shall  be  amended 
and  re-enacted  so  as  to  read  as  follows: 

"§  15.    Th«  clerk   to  whom  such   license    ind   certificate  shall  be  i' 
returned,  Shall   file  and   pi  wane  the   BSjBM  in  his  office,  and  within'" 


44 


CHANGES    IN    (  ODE. 


certificate  of 
minister 


Oopy  of 
to  )"•  trans- 
mitted to  am- 

(liti'V 


r  of 
births  and  niar- 
to  be 

transmit  t  •  '1  to 
auditor 


Penalty  ou 

clerk 


tw. my  days  after  reoeiTing  tin-  same,  reoord  a  lull  abstract  thereof 
in  his  register  of  marriages.  Betting  oat,  in  oonveniertl  talmlm-  form, 
all  the  circumstances  Btated  in  said  license,  and  the  minister's  certi- 
ficate, ami  the  name  of  the  person  signing  the  certificate,  and  make 
an  indei  of  the  names  of  both  of  the  parties  married;  which  may  be 
done  by  adtliti.ni>.  in  appropriate  columns,  to  the  reoord  made  at  the 
time  of  issning  the  licensi 

3.  The  twenty-sixth  section  of  the  same  chapter  shall  be  amended 
aiitl  re-enacted  so  as  bo  read  as  follows: 

"§  •.'<;.  <  in  or  before  the  first  day  of  March  in  each  year  the  olerk 
of  every  county  or  corporation  court  shall  transmit  to  the  auditor  of 
public  accounts  a  copy  of  his  register  of  marriages,  ami  so  much  of 

bis  reoord  taken  at  the  time  of  issuing  such  licenses,  as  is  nut  con- 
tain, il  in  hi<  said  register  of  marriages,  which  Mas  taken  by  him 
within  the  year  next  preceding  tin  first  day  of  January,  distinguish- 
ing, by  appropriate  oolnmns  or  notes,  the  licenses  issued  on  which 

the  minister's  certificate  of  marriage  has  not  been  returned,  and  the 
licenses  containing  such  certificate,  lie  shall  also,  on  or  before  the 
first  day  of  July  in  each  year,  transmit  to  said  auditor  a  copy  of  his 
register  of  births  and  register  of  deaths  happening  within  said  year 
eliding  the  first  of  January  next  preceding.  If  the  commissioners  of 
the  revenue  have  not  returned  a  list  of  births  and  deaths  in  the  form 
to  be  furnished  them,  and  in  the  manner  prescribed  by  the  auditor  of 
public  accounts,  so  as  to  enable  the  clerk  to  make  up  a  record,  such 
clerk  shall  nevertheless  certify  that  no  returns  have  been  made  to  his 
office.  For  tin1  failure  to  perform  any  duty  required  by  this  section, 
Such  clerk  so  failing  shall  forfeit  not  less  than  one  nor  more  than  live 
hundred  dollars." 


Commencement.        4.    This  act  shall  be  in  force  from  its  passage. 


CHAP.  21. — An  ACT  changing  the  Names  of  the  Lunatic  Asylums. 

Passed  March  26,  L861. 

i  1.  Be  it  enacted  by  the  general  assembly,  that  the  second  section 
of  the  eighty-fifth  chapter  of  the  Code  of  Virginia  (edition  eighteen 
hundred  and  sixty)  be  amended  and  re-enacted  to  read  as  follows: 


Nameg  of  luna- 
tic a-vlums 


"  §  2.  The  directors  for  the  asylums  at  Williamsburg,  at  Staunton 
and  at  Weston,  shall  continue  to  be  corporations,  but  instead  of  their 
present  names,  shall  hereafter  have  the  names,  respectively,  the  first, 
of  the  Eastern  lunatic  asylum  ;  the  second,  of  the  Central  lunatic 

asylum;  and  the  third,  of  the  Northwestern  lunatic  asylum." 


Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


CHANGES  IN  CODE. — COUNTY  OF  BLAND.  15 


Chap.  22. — An  ACT  to  increase  the  Pay  of  the  Commonwealth's  Attor- 
ney for  the  Circuit  Court  of  Ohio  County. 

!  March  88, 

1.  Be  it  enacted  by  the  genera]  assembly,  that  the  seventh  section  code  amended 
of  the  one  hundred  and  sixty-fifth  chapter  of  the  Code  of  Virginia 
he  amended  and  re-enacted  so  as  to  read  a^  follows: 

"§  7.    Such  attorney  in  any  county  or  corporation  court,  shall  be  Compensi 
allowed  by  the  court  such  gum  as  it  deems  reasonable,  for  public  ser-  county' 
vices  (for  which  no  other  fee  or  reward  is  allowed  bylaw);  which Poratfoa ««"*■ 
shall  be  chargeable  to  such  county  or  corporation  ;  and  in  the  circuit  in  circuit  conrti 
court,  shall  be  allowed  by  it,  when  the  attorney  has  no  annual  salary, 
such  sums  as   it   deems   reasonable,  not   exceeding   in  one  year  one 
hundred  and  fifty  dollars  in  tli*  circuit  courts  of  the  county  and  city 
of  Norfolk,  and  one  hundred  dollars  in  any  other  circuit  court  :   ex- 
cept   that   the  attorney  for  the  circuit  court  of  Richmond  city  shall 
hereafter  receive  annually  the  sum  of  one  thousand  dollars ;  and  ex- 
cept also,  that  the  attorney  for  the  commonwealth    for  the  circuit 
court  of  Ohio  county  shall   hereafter   receive   annually   the   sum   of 
seven   hundred  and  fifty  dollars;   to  be  paid  half  yearly,  as   the  pre- 
sent allowance  is  directed  to  be  paid;   and  except  also,  that  the  county 
court  of  said  county  shall  hereafter  allow  for  the  services  of  the  at- 
torney for  the  commonwealth  in   said  court,  such  sum  as   said  court 
may  deem  reasonable,  so  that  the  Bame  shall  not  exceed  the  sum  of 
three  hundred  dollars  per  annum." 

-'.    This  act  shall  be  in  force  from  its  passage.  Commencement 


!3.— An  At  IT  to  establish  the  County  of  IMand  out  of  parts  of  Giles, 
Wythe  and  Tazewell. 

I.  Be  it  enacted  by  the  general  assembly,  that  so  much  of  the  Boundaries  of 
COtmties  of  Wythe,  Tazewell  and  Giles,  as  is  contained  within  the  Bland.™11* 
following  lines,  to  wit — beginning  on  the  top  of  Walker's  Little 
mountain,  at  the  line  between  Wythe  and  Pnlaski,  and  running 
northwards  with  said  line  of  Pnlaski,  to  the  top  of  Walker's  Big 
mountain  :  thence  eastward  along  the  top  of  said  lar-t  mentioned 
mountain,  to  a  point  opposite  the  mouth  of  Kimberling  creek  :  thence 
by  a  line  northv  ing  through  the  mouth  of  said  Kimberling 

oreek,  to  a  point  on  the  top  of  the  mountain,  which  lies  south  of  Wolf 

ere.  !,.  three  ml]  tuntj  line  b.  Iv. .-.  D  I 

v  II  counties;  thence  to  a  point  on  the  I  river  moun- 

tain. tWO  mile  t   canty  line  between  Griles  and 


4G  OOUB  rv   01   1U.AND. 

Tasewell,  m  a>  t •  •  include  '''••  homestead  of  Madi-on  Allen,  and  his 
lands  adjoining  thereto;  tfaenoe  with  the  top  of  said  East  river 
mountain,  westward,  to  ■  poinl  two  milea  weel  of  George  Bteel'i 
bouse,  "ii  Clear  fork;  thence  aoroH  and  by  ■  line  as  near  as  may  be 
at  right  anglea  to  the  oouraeof  the  valley  between,  to  the  top  of 
Rich  mountain,  and  westward,  along  the  top  of  said  ELiob  mountain, 
so  far  as  to  include  the  Bettlemenl  on  Wolf  crook  :  thence  serosa  the 
top  <>f  Garden  mountain;  thence  along  the  top  of  the  said  Garden 
mountain,  to  a  poinl  through  which  the  line  between  Wythe  and  Smyth 
would  pass  if  prolonged;  thence  by  said  prolonged  Line,  to  the  Bald 
line  between  Wythe  and  Smyth,  and  by  the  said  last  mentioned  lino, 
tn  the  top  of  Walker's  Big  mountain  :  thence  eastward,  with  the  top 

Of     aid  Walker's    Big  mountain,  tn  a  point  opposite  the  head  waters 

of  Walkers  Little  creek ;  thence  across  to  the  top  of  Walker's  Lit- 
tle mountain  :   thence  with  the  top  of  said  mountain,  eastward,  to  the 

beginning— be  and  the  same  is  hereby  established  as  a  new  county; 
which  shall  he  known  by  the  name  of  Bland. 

OommJggionera         2.    The   following  persons,   James   W.    English   of    the   county  of 

bniidingi        '  Giles,  Samuel  Cecil  of  the  county  of  Tazewell,  and  Robert  Gibbo- 

ney  of  "the  county  of  Wythe,  any  two  of  whom  may  act,  shall  he  and 
are  hereby  appointed  commissioners  to  select  the  site  for  a  court- 
house,  jail  and  other  public  buildings  lor  said  county  of  Bland,  and 

w],ii  to  UK-it  are  hereby  required  to  meet,  within  the  limits  of  said  new  county, 
on  the  second  Monday  in  April  next,  or  within  ten  days  thereafter, 
and  within  ten  days  after  their  meeting,  ascertain  and  determine  at 
what  point  or  place  within  tin1  limits  of  said  new  count}-,  it  is  most 
suitahle  and  proper  to  erect  a  courthouse,  and  such  other  necessary 
public  buildings  and  fixtures  as  the  convenience  of  the  county  re- 
quires, under  existing  laws,  tor  holding  courts  and  conducting  Imsi- 
ness  incident  thereto  ;  and  shall  lay  oil',  in  the  most  convenient  form, 
a    lot    or   lots  of  land   for   that    purpose,   not    exceeding  two  acres   in 

Their  report  quantity,  ami  shall  ascertain  the  value  thereof;  whereupon,  the  said 
commissioners,  or  a  majority  of  them  acting  in  this  behalf,  shall 
make  their  report  in  writing  to  the  county  court  of  said  Bland 
county,  when  organized,  of  the  manner  in  which  they  shall  have 
executed  the  duties  required  of  them  hy  this  act.  and  of  their  pro- 
ceedings in  relation  thereto,  designating  the  point  or  place  agreed 
Upon,  the  value  of  the  lot  or  lots  of  land,  and  name  or  names  of  the 
owners  thereof;  ami  the  place  so  ascertained  and  determined  upon 
by  the  said  commissioners,  or  a  majority  of  them,  shall  he  the  per- 
manent place  for  holding  the  courts  of  the  county  of  Bland,  now 
required  hy  law  to  he  hidden  for  the  several  counties  of  this  com- 

Oonnty court  to  monwcalth.     And  the  court  of  the  county  of  Bland  shall  thereupon 

meat  of  Lam^&c  pi'ovide  for  the  payment  of  the  valuation  of  said  lot  or  lots  of  land  so 
ascertained,  in  the  manner  now  required  by  law,  where  lands  shall 
not  he  already  provided  and  appropriated  for  that  purpose. 


COUNTY    OF   BLAND.  47 

3.  The  commissioners  shall  be  allowed  a  compensation,  each  of  Compensation  of 

three  dollars  per  diem  for  their  services  aforesaid,  to  be  provided  for 
by  county  levy  made  in  the  said  county  of  Bland. 

4.  The  following  persons,  to  wit,  John  W.  Tracy,  Jesse  Justice,  CommiMionen 

Joseph  Fanning,  John  Mustard,  Thoimis  Shannon,  (Jeorgc  Robinet county,  Ac 
and  Isaac  Kegley,  are  hereby  appointed  commissioners,  to  meet  on 
the  land  indicated  by  the  commissioners  named  in  the  second  section 
of  this  act,  for  the  erection  of  the  courthouse  of  the  county  of  Bland, 
on  the  third  Monday  in  April  next,  or  within  five  days  thereafter, 
and  lay  off  the  said  county  of  Bland  into  four  magisterial  districts, 
select  points  at  which  elections  shall  be  holden  in  each  district,  and 
appoint  for  each  a  conductor  and  five  commissioners,  any  three  of 
whom  may  act,  to  superintend  the  elections  to  be  holden  fur  the  said 
county  of  Bland,  on  the  fourth  Thursday  in  May  next. 

5.  It  shall  be  the  duty  of  all  persons  residing  within  the  limits  of  offir-ors  of 
the  said  county  of  Bland,  who  are  new  entitled  to  vote  for  members  and  by'whom 
of  the  general  assembly,  to  attend  at  the  respective  election  precincts,  e  c 

so  selected  by  the  commissioners  aforesaid,  on  the  fourth  Thursday 
in  May  next,  and  elect  a  sheriff,  a  clerk  of  the  county  court,  a  clerk 
of  the  circuit  court,  a  commissioner  of  the  revenue,  a  commonwealth's 
attorney  and  a  surveyor  for  the  said  county  of  Bland.  And  the 
voters  residing  in  each  magisterial  district  shall  elect  for  that  district 
four  justices  of  the  peace,  one  overseer  of  the  poor,  and  one  consta- 
ble. The  election  of  the  justices  of  the  peace  shall  be  certified  to 
the  governor  of  this  commonwealth  by  the  several  conductors  and 
commissioners  conductiutr  and  superintending  said  elections,  who,  Duties  of 
after  they  shall  be  commissioned  and  qualified  according  to  law,  shall J 
meet  on  the  lands  selected  for  the  public  buildings  of  said  county,  on 
the  fourth  Monday  in  the  next  month  after  that  in  which  tiny  shall 
be  so  commissioned,  and  a  majority  of  them  being  present,  shall  fix 
upon  a  place  in  said  county  of  Bland  for  holding  the  courts  of  said 
comity  until  the  necessary  buildings  shall  be  constructed  on  the  site 
nated  by  the  commissioners  aforesaid. 

<;.    The  said  justices  shall,  at  the  fust   term  of  the  county  court  of  Presiding  jup 
said  county,  choose  one  of  their  own  body,  who  shall  l>e  presiding 
justice  of  tlie  county  court,  and  whote  duty  it  shall  be  t«.  atfc 
term  of  said  court. 

7.    The  commissioners   and   conductors  of   the  i  aforesaid  Election  of 

shall  certify  to  the  said  county  court  of  Bland,  at  its  fir:-t  term,  or 
some  subsequent  term,  u  soon  ;i-  practicable,  the  election  of  - 
clerks  of  the  county  and   circuit   courts,  commonwealth's  attorney. 
surveyor  and  comm  one.  who  shall,  after  ha-. 

pi\en  bonds  and  -'entity,  ami  being  qualified  aooording  to  law.  entet 
upon  a  d,  the  duties  of  their  ■ 


1-  my  Of  r.i.vxn. 

Crtmmi-  B.    i  I     •  mi  of  offioe  of  the  commissioner  of  the  revenue  f«>r  Ate 

1  county  of  Bland  shall  commence  on  die  firsl  day  of  February 
eighteen  hundred  and  sixty-two;  and  the  oommisaioners of  the  reve- 
nne  for  the  oountiesof  Giles,   C        ell  and  Wythe  are  hereby  re- 
quired each  to  discharge  the  duties  of  hia  offioe  in  the  limits  i 
much  of  said  new  county  as  was  taken  from  hi*  county,  for  th< 

<,onimi-  _  i ■  1 1 • » ■  1 1  hundred  and  sixty-one.  and  are  hereby  directed  each  to 

.  ep  the  lieta  taken  by  him  in  tile  said  county  of  Bland,  Beparate 

il  ■!  distincl    from   tin-  li>ts  of  hi<   own   enmity,  ami   make-  return  of 

•  them  in  the  manner  now  provided  by  law,  in  the  Bame  mannei 

appointed  commissioner  of  the  revenue  fur  the  said  county  of  Bland. 

iiuota,        9.  And  it  Bhall  be  the  duty  of  the  Beoond  anditor  to  reapportion 
tin-  fixed  and  Burplus  school  quotas  of  th<'  oountieB  of  Giles,  I 
well  and  Wythe  for  tin-  next  fiscal  year,  between  Baid  oountu 
Bpeotively,  and  the  nem  county  of  Bland,  agreeably  to  the  number 
of  white  tithables  which  may  be  returned  therein  by  the  commis- 
sioners of  the  revenue  tor  eighteen  hundred  and  sixty-one. 

Dutiosof  sheriffs        10.     il   shall  lie  tile  duty  of   tile  sheriffs  respective  ly  of  the  counties 

tie  of  Giles,  Tazewell  and  Wythe,  to  collect  ami  make  distress  for  any 
public  dues  or  officers'  fees  which  may  remain  unpaid  by  the  inhabi- 
tants of  the  portions  of  said  county  taken  respeotivi  ly  from  the  said 
oountiesof  Giles,  Tazewell  ami  Wythe,  at  the  time  when  this  act 

shall  commence  and  he  ill  force;   and  they  sliall  each  he  accountable 
for  the  same  in  like  manner  as  if  this  act  had  never  passed. 

Courts  of  Mid  il.  The  courts  of  the  counties  of  Giles,  Tazewell  and  Wythe 
jurisdiction  shall  respectively  retain  jurisdiction  of  all  actions  and  suits  depend- 
ing before  them  on  the  fourth  Monday  in  duly  next,  and  shall  try 
anil  determine  the  same,  and  award  execution  thereon,  except  cases 
wherein  both  parties  reside  within  the  new  county  :  which,  together 
with  the   papers,  shall   after  that  day  he  removed  to  the  courts  id'  the 

count}-  of  Bland,  ami  there  he  tried  and  determined. 

County  <■(•  12.    The  said  county  of  Bland  shall  he  in  and  attached  to  the  six- 

Bland  attached  .......        .  "  ,    ,        .        .  , 

Indicia]  teenth  judicial  circuit ;  and  the  circuit  court  thereol  shall  he  holden 
on  the  third  Monday  after  the  fourth  Monday  in  April  ami  September 
in  every  year;  and  the  first  circuit  court  for  the  county  of  Bland 
shall  he  holden  on  the  third  Monday  alter  the  fourth  Monday  in  Sep- 
tember next. 

i         13.    The  persons  Subject  to  militia  duty  within  the  limits  of  said 
to  be  formed7'   county  of  Bland,  shall  hereafter  constitute  a  separate  regiment,  to 
Into  a  regiment    ^ -ganized  according  to  existing  laws,  and  attached  to  the  twenty- 
fifth  brigade. 

Senatorial,  eon-       14.   The  respective  portions  of  said  county  of  Bland,  taken  respec- 
gresslona]  ami  .     e  ,  *  r 

electoral  dis-       tively  trom  the  counties  of  Giles,  Tazewell  and  Wythe,  shall  remain 


COUNTY   OF   BLAND.  49 

attached  to  the  electoral,  congressional  and  senatorial  districts  respec-  triets,  vote  for 

•  ,...-ii  •  n  .•  .-ill  a  members  of  tin- 

tively  to  which  said  last  mentioned  counties  respectively  belong,  and  boom  of  dele 
shall  vote  with  said  last  mentioned  counties  respectively  tor  a  nieni- Ra  r 
her  or  members  of  the  house  of  delegate.-. 

15.    The  county  courts  of  said  county  shall  he  holden  on  Thursday  When  oouatj 
after  the  second  Monday  in  each  month,  and  the  courts  of  quarterly  bold 
sessions  of  the  said  county  of  Bland  shall  he  holden  in  the  months 
of  February,  May,  July  and  Octoher. 

16     The  surveyor  hereafter  elected  for  the  county  of  Bland  in  the  Duty  of  mi 
mode  prescribed  by  law,  together  with  the  surveyor  of  Wythe,  shall  ***** 
run  and  mark  the  lines  between  the  said  county  of  Bland  and  the 
coterminous  counties   of  Giles,  Tazewell,  Smith  and  Wythe,  agree- 
ably to  the  provisions  of  the  seventh  section  of  the  forty-seventh  chap- 
ter of  the  Code  of  Virginia. 

17.  Be  it  further  enacted,  that  the  citizens  of  the  parts  of  Wythe  Road loriet 
and  Giles  counties  embraced  in  the  boundaries  of  the  said  county  of 
Bland,  shall  not  be  exonerated  from,  hut   shall  continue  to  he  liable 

for  the  payment  of  levies  and  taxes  for  roads  already  constructed  in 
said  counties  respectively,  as  if  the  said  county  of  Bland  had  not 
been  formed. 

18.  Be  it  further  enacted,  that  the  citizens  of  that  part  of  Taze-  Roa.)  levies 
well  county  which  shall  he   embraced  in  the   said  county  of  Bland. 

shall  not  he  exonerated  from,  hut  shall  he  still  liable  for  the  payment 

of  levies  and  taxes  for  roads  constructed  or  under  contract   in  that 

part  of  laid  county  of  Bland  taken  from  said  county  of  Tazewell,  as 

if  said  county  of  Bland  had  not  "heeii  formed,  and  that  said  taxes  and 

levies  shall  be  collected  by  the  sheriff  of  Bland  county.     And  the  wiutoovtato 

county  courts  of   the  said    counties  of  Wythe,   Giles  and   Tazewell  '"•' rna''  ' 

respectively,  are  hereby  authorized  to  lay  the  levies  for  the  pnrpo 

aforesaid,  at  the  time  of  the  levying  the  taxes  r«  speotively  by  them 

upon  the  citizens  of  their  counties. 


1ft.    The  commissioners  appointed  by  this  act   to  lay   off  the  said  pay  of  eom 

county  into  magisterial  districts,  shall  each  be  allowed  two  dollars  for  n,,,,s">n*,r» 

eve  r\   day  tiny    shall  he  actually  engaged  in  the  duties   afon  said,  to 
he  provided  for  and  paid  out  of  the  county  levy  of  said  county. 

SO.    The  fust  county  court  for  the  county  of  Bland  shall  he  hohhn  Wfcaa  fin«t 
on  the  Thursday  after  the  second  Monday  in  .\u_u-t  ie  \t  SSf*" 

U.    This  act  shall  he  in  force  from  its  passage.  fommwi©«« 


•r><>  COUNTY    OF    WEBSTER. —  COUNTY    OF    MCDOW1 


<  11  m-  -J  i  —  \  i ;  A «  I  ct  forming  tbe  Coonfly 

14,  1861. 

I.  B«  it  enacted  by  the  general  asncmhrr.  that  thn  first  Motion  if 
an  act  entitled  an  art  fur  forming  a  new  county  put  of  parts  of  Ni- 
cholas, Braxton  and  Randolph,  passed  January  tenth,  eighteen  liun- 
dred  :in«l  sixtj .  be  amended  and  re-encu  U  <1  m  as  to  ti  ul  as  follows : 

"§  l.  Be  it  enacted  by  the  general  assembly,  thai  so  mnoh  of  the 
oounties  ol  Nicholas,  Braxton  and  Randolph,  as  is  contained  within 
the  fallowing  boundary  lines,  to  wit  beginning  at  the  main  fork  of 
the  Little  Kanawha  river,  above  Raymond's  mills:  thence  with  the 
right  band  fork  of  .-aid  river,  being  the  original  line  of  Lewis  and 
Braxton  counties,  and  now  the  line  between  Upshur  and  Braxton 
counties,  at  the  head  of  said  right  hand  fork  of  Kanawha:  thence  ■ 
straight  line  to  the  eastern  corner  of  1 1 1 « -  lands  of  Abraham  Buck- 
hannon;  thence  a  straight  line  to  the  Wnitaker  ruck  on  Elk  river; 
thence  a  straight  1  in< -,  by  the  way  of  Three  forks  of  Qaulej  riv<  r,  bo 
the  Pocahontas  line,  and  with  -aid  line  to  s  point  opposite  the  mouth 
of  Stroud's  creek :  thence  a  line  from  the  mouth  of  Stroud'.-  creek  to 
the  mouth  of  Sidles1  creek  on  Big  Birch  river,  so  as  to  include  the 
hinds  upon  which  John  s.  Morton.  Thomas  C.  Morton.  <;.  \\  .  Mor- 
ton, Robert  Morton.  Edward  Morton  and  L.  C.  Bedger  live,  in  the 
county  of  Webster;  tin  nee  a  straight  line  to  the  half  way  point  on 
Holly  river:  thence  a  straight  line  to  the  beginning— be  and  the  same 
is  hereby  established  as  a  new-  oountj  ;  which  shall  be  known  bj  the 
name  of  Webster." 

OmmmmhmbI        2.    This  act  shall  he  in  force  from  it--  pa 


i  ii  \r.  85. —  \n  ACT  providing  for  (he  Location  of  the  Conrthonsi .  Jail  and 
other  Public  Buildings  of  the  County  ol  McDowell. 

w,     d  m  . . .  •,  ii 

Prmniil''  Whereas  the  commissioners  appointed  by  the  second  see!  ion  of  the 

act  passed  on  the  sixteenth  daj  of  March  eighteen  hundred  and 

\,  entitled  an  act  to  re  enact  and  amend   certain   section:    of  the 

act  |i     ..I  February  twentieth,  eighteen  hundred  and  ttftj  eight,  to 

form  the  county  of  ICoDowell  OUl   of  B   part    of  the   county  of  Taze- 

weii.  for  the  purpose  of  selecting  a  site  for  a  courthouse,  jail  and 

other  public  buildings  for  said  county  of  McDowell,  having  failed  to 
meet  upon  the  day  appointed  in  said  section:  and  it  being  doubtful 
whether  or  not  the  organisation  of  the  county  l)c  in  conformity  with 
the  law :  And  whereas  the  commissioners  appointed  by  the  second 


COUNTY    OF   MCDOWELL.  6 

section  of  the  act  passed  on  the  twentieth  day  of  February  eighteen 
hundred  and  fifty-eight,  did  make  such  selection,  but  upon  lauds  the 

legal  title  of  which  was  vested  in  infants;  ;md  the  commissioners  ap- 
pointed by  the  second  section  of  the  act  passed  on  the  sixteenth  day 
<>f  March  eighteen  hundred  and  sixty,  having  made  fl  location,  bnt 
boI  within  the  time  prescribed  by  law  :  and  the  eitisens  of  the  said 
county  being  divided  in  sentiment  in  reference  to  each,  it  is  advisable 
that  the  people  of  the  said  county  should  make  a  location  for  them- 
selves between  the  two  points,  to  wit,  the  location  made  by  the  com- 
;oi  toners  under  (lie  act  of  the  twentieth  of  February  eighteen  hundred 
and  fifty-eight,  on  clear  fork  in  said  county  (but  such  location  having 
been  made  upon  the  lauds  of  minors  as  aforesaid,  and  consequently 
unavailable,  and  as  suitable  a  location  existing  only  a  short  distance 
from  such  location,  viz:  at  the  mouth  of  Jims'  branch,  on  the  said 
Clear  fork  of  Tug  river),  and  the  location  made  by  the  commission- 
ers under  the  act  of  tic  sixteenth  of  March  eighteen  hundred  and 
sixty,  on  Tug  fork  in  said  county  :  And  whereas  a  suit  at  law  is  now 
pending  to  decide  whether  the  location  made  by  the  commissioners 
under  the  act  of  March  the  sixteenth,  eighteen  hundred  and  sixty, 
was  legal  or  not  :  and  it  being  probable  that  (lie  present  condition  of 
affairs  will  ensue  in  endless  litigation:  Therefore, 

1.  Fie  it  enacted  by  the  general  assembly,  that  so  much  of  the  Former  act* 
said  act  of  the  twentieth  of  February  eighteen  hundred  and  fifty- r''"'1 
eight,  and  of  the  act  of  the  sixteenth  of  March  eighteen  hundred  and 

sixty,  as  relates  to  the  selection  of  a  site  for  the  courthouse  jail  and 
other  public  buildings  of  the  said  county  of  McDowell,  be  and  the 
same  is  hereby  repealed. 

2.  Be  it  further  enacted,  that  at  the  election  for  members  of  the  Election  to  be 
genera]  assembly  to  be  held  on  the  fourth  Thursday  in  May  next,  a  Honda?  is  May 

poll  shall  be  Opened  at  each  precinct  in  said  county,  and  the  votes  ol 


rmirK1 


i"n 


the  qualified  voters  shall  be  recorded  under  the  following  h<  ads,  bo 

wit:  "For  the  location  on  Tug  fork:"  "For  the  location  at  the 

mouth  of  dims"  branch  on  <  leaf  fork  :"  "  For  the  location  at  or  near 

Beedy  spring  on  the  Dry  fork  creek  of  Sandy,  at  the  residence  of 

Malcolm  Mi  Niel ;"  and  a  majority  of  such  votes  -hall  determine  the 

point  of  location ;  but  should  neither  location  obtain  a  majority  of  Location  pc«- 

said  votes,  then  another  election  shall  be  In  Id  on  the  fourth  Thurso1  ruynnt 

in  dune  following, at  which  second  « lection  the  vote  shall  be  b<  tween  !'■'.,./ 

the  tw<>  ideations  which  have  received  the  two  highest   nui 

And  thereupon,  the  OOUnty  COUrt   <•(   -aid  county  shall   forth- 
with pr<i< . .  for  i  aunty  purpoai  s,  on 
such  h"  ation  :  and  |                                :.  by  autht 
suitable  pi                nrvey  and  lay  out  the  public  foe  nsfk 
purpo 

;{.  ball  be  in  force  from  its  passu 


52 


VOLrXTAHY    i:XSLAVEMBNT. 


i'ii  w.  98. — An  ACT  for  the  Voluntary  Enslavement  of  Fm  with- 

out compensation  to  the  Commonwealth. 


How  free  per- 

80DS  of   COlOI 

may  ii! 
tuemmlv.  - 


Proccodiuga  in 
court 


rasped  March  28,  1861. 

1.  Be  it  enacted  by  the  general  mnomhly.  that  it  shall  be  lawful 
for  free  persona  of  color,  or  persona  of  color  who  have  heretofore  or 
may  hereafter  be  manumitted,  to  appear  before  die  circuit  court  of 
any  county  or  corporation  in  which  such  free  persons  of  color  or  ma- 
numitted slaves  may  have  resided  for  twelve  months,  and  make  ap- 
plication thereto  to  select  a  master  or  mistress,  and  become  slaves. 

2.  Upon  the  application  of  such  free  persons  of  color  or  manu- 
mitted slaves  before  the  circuit  court  of  said  county  or  corporation, 
and  the  person  they  wish  to  choose  as  master  or  mistress,  the  court 
shall  proceed  to  examine  each  party  separately,  as  well  as  such  other 
persons  as  said  court  may  see  lit.  At  any  examination,  the  attor- 
ney for  the  commonwealth  shall  be  present  and  see  that  such  exami- 
nation is  properly  conducted,  and  that  no  injustice  is  done  to  the  ap- 
plicant. 

Court  may  do-         3.    If  upon  examination  the  court  shall  be  satisfied  that  there  is  no 
mcn^witliout      fraud  or  collusion  between  the  parties,  and  that  there  is  no  good  rea- 
X"8PtanteUi°n  t0  80n  t0  the  contrary,  the  court  shall  have  the  power  to  grant  the  ap- 
plication, without  any  compensation  to  the  commonwealth,  provided 
the  court  shall  be  satisfied  that  the  person  so  chosen  is  of  good  cha- 
racter: but  the  individual  or  individuals  thus  chosen  master  or  mis- 
tress, or  some  one  for  them,  shall  enter  into  bonds  with  approved 
KegroeBnot  to    security,  in  such  penalty  as  the  court  may  prescribe,  with  condition 
aWe""0  charge'    that  the  said  negroes  shall  not  become  chargeable  to  any  county  or 
corporation  in  this  commonwealth,  and  that  the  master  or  mistress 
thus  chosen  shall  pay  the  debts  and   liabilities  of  such  negro  or  ne- 
groes existing  before,  the  enslavement  :   provided,  that  if  at  any  time 
thereafter  such  slave  shall  be  convicted  of  any  offence,  for  which  by 
law  he  or  she  shall  be  condemned  to  suffer  death,  or  to  be  sold  or 
transported,  the  commonwealth  shall  not  be  liable  to  pay  the  owner 
of  such  slave  any  portion  of  his  or  her  value.     But  no  such  order 
shall  be  made  until  the  court  shall  be  satisfied,  by  personal  examina- 
tion of  the  said  negro,  that  he  fully  understands  the  nature  and  ob- 
ject of  the  proceedings,  and  that  the  act  on  his  part  is  free  and  .vo- 
luntary. 


How  as  to  chil- 
dren of  en- 
slaved negroca 


4.  Upon  the  enslavement  of  such  mother  having  children,  and  if 
there  be  no  mother,  then  upon  the  enslavement  of  the  father  having 
children,  the  master  or  mistress  thus  chosen  shall  be  required  to  have 
and  to  take  the  custody,  control  and  services  of  such  of  the  children 
of  said  father  or  mother  as  are  free,  until  the  females  arrive  at  the 
age  of  eighteen,  and  the  males  at  the  age  of  twenty-one,  and  shall 
pay  for  his  or  her  services  at  the  expiration  thereof,  so  much  and  for 


POORHOUSES.  53 

such  years  as  the  said  court  may  order.     For  such  payment,  bond  Bonds  to  be 
shall  be  taken  of  the  master  in  court,  in  such  penalty  and  with  such  BV 
surety  as  the  court  may  deem  sufficient. 

5.  The  proceedings  in  such  cases  shall  be  entered  of  record,  and  Proceedings  to 
the  property  in  said  negroes  as  slaves  shall,  from  the.  time  of  such  record 
entry,  vest  in  the  person  or  persons  chosen  as  master  or  mistress, 

and  his  or  her  rights  and  liabilities  and  the  condition  of  the  appli- 
cants shall  in  all  respects  be  the  same  as  though  said  negroes  had 
been  slaves. 

6.  The  master  or  mistress  of  any  free  negro  heretofore  voluntarily 
enslaved  shall  have  the  same  right  to  the  custody,  control  and  ser- 
vices of  any  infant  child  or  children,  and  upon  the  same  terms  as 
herein  before  provided  for,  if  any,  of  such  negro  so  enslaved,  as  is 

herein  before   provided  for;  but  before  the  said  master  or  mistress  cinim  to  service* 

-  .  rii'ii°f  children  to 

shall  be  entitled  to  the  custody,  control  and  services  ot  such  child  or  be  entered  of 
children,  he  or  she  shall  appear  before  a  court  of  record,  and  make  recor 
claim  to  such  custody,  control  and  services ;  which  claim  shall  be  en- 
tered of  record ;    but  if  any  such  negro  child  has  been  heretofore  now  as  toehil- 

.  ,  _    .  .  .         dren  who  have 

bound  out  by  the  overseers  oi  the  poor  ot  any  county  or  corporation,  been  bound  out 
the  articles  of  indenture  shall  in  no  wise  be  affected  hereby. 

7.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  Aetglncongta- 

tent  herewith 

this  act  are  hereby  repealed.  repealed 

8.  The  cost  of  the  proceedings  shall  be  paid  by  the  master  or  mis-  Costs,  how  paid 
tress. 

9.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  87. — an  ACT  to  provide  more  efficient  Police  Regulations  al  the  Poor- 
honsea  in  tins  Commonwealth. 

I  January  31,  LB6L 

l.   Be  it  enacted  by  the  general  assembly,  that  the  county  court.  Row  mi 

01  the  judge  of  the  eireuit  court  of  any  county  in   which   any   poor-  Bppoint< 
house  may  be  located,  may,  upon  the  application  of  any  superinten-  r°ornonM 
dent  of  any  Mich  poorhouse,  or  satisfactory  evidence,  founded  on  the 

information  of  others,  that  it  is  necessary,  appoint  some  citizen  of  the 
eoimiionw' alth  conservator  of  the  peace,  whose  jurisdiction  shall  ex-  .Tnriwlictlon 

tend  over  the  grounds  attached  to  snob  ] rhouee,  and  not  exceeding 

one  mile  beyond  the  same,  as  shall  be  prescribed  by  the  order  ap- 
pointing  said  conservator. 

J.    This  act  shall  !"•  in  force  from  and  after  its  passa.  .mmrfwtit 


!>i:r.\l  I.TIN".    SHKKIFFS. — ERRONEOUS   ASSESSMENTS. 


Chat.  98. — An  ACT  authorising  the  Auditor  of  Public  Accounts  to  n 
the  Sureties  of  Defaulting  Sheriffs  from  the  payment  of  damages  in  cer- 
tain cases. 

ii  '>i,  isr,j. 


when  wenritiei  I.  Be  it  enacted  by  the  general  assembly ,  thai  in  all  cases  in  which 
V'ti-  in  tin*  commonwealth  has  obtained  judgmenl  againsl  the  sureties  of  any 
sheriff  or  their  personal  representatives,  apon  satisfactory  proof  that 
Buch  Bheriff  is  insolvent  and  unable  to  pay  the  whole  or  any  part  of 
Buoh judgment,  the  auditor  of  public  aooonnta  may  and  is  hereby  au- 
thorized  to  release,  in  behalf  of  the  sureties  or  their  personal  repre- 
sentatives, the  damages  included  in  the  judgment,  or  the  damages  on 
80  mudh  of  the  money  as  they  may  have  paid:    provided,  however. 

When  Judgmenl  that  in  BUch  eases  the  damages  aforesaid  shall  not  be  released,  unless 

the  residue  of  the  judgment  be  paid  and  discharged  on  or  before  the 

first  day  of  October  next  :  and  provided  further,  that  in  no  ease  shall 
the  .judgment  against  the  sherilf  be  affected  by  this  act  :  nor  shall 
any  deputy  sherilf.  whether  he  be  surety  for  such  sheriff  or  not,  be 
released  from  the  payment  of  any  damages  which  may  be  recovered 
against  him. 


to  be  paid 


Sheriff  or  de- 
puty not  to  be 


Commencement       2.    This  act  shall  be  in  force  from  its  passage. 


Act  of  1860 
amended 


Chap.  29. — An  ACT  to  amend  the  102d  and  10:W  sections  of  an  act  passed 
March  HO,  18G0,  entitled  an  act  for  the  assessment  of  Taxes  on  Persons 
and  Property. 

Passed  March  12,  L861. 

I.  Ik- it  enacted  by  the  general  assembly,  that  the  one  hundred 
and  second  and  one  hundred  and  third  sections  of  an  act  passed 
March  thirtieth,  eighteen  hundred  and  sixty,  entitled  an  act  for  the 
assessment  of  taxes  on  persona  and  property,  be  and  the  same  are 
hereby  amended  and  re-enacted  so  as  to  read  as  follows : 


iiow  party 
aggrieved  may 
obtain  redrew 


Attorney  for 
oemmonwealtb 

to  be  present 


Commissioners 
in  be  examined 
As  to  party 
heretofore 
aggrieved 


"  §  102.  But  any  person  aggrieved  by  any  entry  in  either  book,  or 
by  any  assessment  of  a  license  tax,  may,  within  two  years  after  the 
date  of  the  clerk's  certificate,  where  the  entry  is  in  either  book,  and 
within  two  years  from  the  assessment  of  said  license  tax,  apply  for 
relief  to  the  court  in  which  the  commissioner  gave  bond  and  quali- 
fied. The  attorney  for  the  commonwealth  shall  defend  the  applica- 
tion: and  no  order  made  in  favor  of  the  applicant  shall  have  any 
validity,  unless  it  be  stated  on  the  face  thereof  that  such  attorney 
did  so  defend  it,  and  that  the  commissioner  was  examined  touching 
the  application :  provided,  that  any  person  who  has  been  heretofore 
aggrieved  by  any  entry  or  assessment  as  aforesaid,  and  failed  to  ap- 
ply to  the  court  having  jurisdiction  thereof,  within  the  time  pre- 


FORFEITED   AND    DELINQUENT    LANDS.  if 

scribed  by  law,  may  apply  to  such  court  within  two  years  from  tho 
passage  of  this  act,  and  be  relieved  as  if  said  application  had  been 
made  within  the  period  aforesaid. 

"  §  103.   If  the  court  be  satisfied  that  the  applicant  is  erroneously  How  relief 
charged  in  such  book,  or  so  assessed  with  any  taxes  on  licenses,  itgn 
shall  certify  the  facts  upon  which  it  grants  relief,  and  shall  order  that 
the  applicant  he  exonerated  from  the  pa\  nient  of  so  much  as  is  erro- 
neously charged,  if  not  already  paid,  and  if  paid,  that  it  lie  refunded 
to  him.     A  copy  of  which  order  and  certificate  of  facts  shall,  within 
ten  days  after  the  entry  thereof,  be  transmitted  by  the  clerk  of  the 
court  to  the  auditor  of  public  accounts;   and  on  failure  thereof,  he  Penalty  on  elerk 
shall  forfeit  double  the  amount  so  erroneously  charged;   to  be  re- 
covered on  motion,  or  by  information,  in  the  county,  corporation  or 
circuit  court  of  the  county,  city  or  town  :  provided,  when  the  appli-  Notice  to  attor 
cation  is  to  the  countj'  court,  the  party  applying  for  relief  shall  give  monvrealtfc 
to  the  attorney  for  the  commonwealth  for  said  county  ten  days'  notice 
of   his  intended   application:   provided,   however,    if   the  court  shall  How,  If  error 
be  of  opinion  that  the  error  asked  to  be  corrected  was  committed  by  commissioner 
the  neglect  or  carelessness  of  the  commissioner  of  the  revenue,  the 
court  may  render  judgment  against  said  commissioner  for  the  costs 
of  the  application." 

2.    This  act  shall  be  in  force  from  its  passage.  <  ommeaoemeol 


Chap.  30. — An  ACT  to  enforce  payment  of  Balances  due  from  Ceinmissioncrs 
of  Forfeited  and  Delinquent  Lands. 

Passed  March  12,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  public  Duty  of  auditor 
accounts  shall  cause  to  be  collected  of  the  commissioners  of  forfeited 

and  delinquent  lands,  any  balances  due  from  them  for  lands  sold  by 
them  as  Mich  commissioners  under  the  orders  and  decrees  of  any  of 
the  circuit  courts  of  the  counties  west  of  the  Alleghany  mountain* 

2.  And  be  it  further  enacted,  that   opon  the  failure  of  any  such  TJfcoa failure, 
commissioners  to  pay  such  balances,  with  the  proper  interest  thereon,  il!.'",^"!,,"^"7 

into  the  treasury,  it  shall  lie  the  duty  of  the  auditor  t<i  cause  .-nits  to  When  brought 
he  instituted  in  the  circuit  courts  of  tin'  counties  in  which  such  0OM- 

missionen  may  hare  been  appointed,  against  such  commissioi  . 

and  their  sureties,  so  in  default,  his  or  their  perSODal  l  <-|«i  <  Miitat,' 

for  the  recovery  of  iaofa  balance  ami  into  re  il  at  aforesaid.    Said  pro-  ivoroodingt 
oeedings  may  be  instituted  by  amotion  in  said  court;  but  at  h 

thirty  days'  notice  shall  he  given  to  tin-  parties  against  whom  such 
motion  shall  he  made]  and  shall  be  served  ill  the  manmr  now  re- 
quired by  law  for  the  m  nice  of  m>hc.  %,      And  it  shall  be  the  duty  of  Duty  of  ooun 


56 


COMMISSIONERS  OF  REVENUE. SECOND  EDITION  OF  CODE. 


Aiiu.iiiit  to  DC 

paid  to  tin- 
eradM  of  the 
Literary  fund 
Proeeedingi  as 
against  ihertffl 
flu 


sm  li  court  to  ascertain  or  cause  to  DO  ascertained  the  amount  for 
which  BOOfa  commissioner  may.  or  may  liave  boon  liable  for  as  such 
commissioner,  together  with  the  interest  thereon,  ami  render  a  judg- 
ment in  the  name  and  favor  of  the  commonwealth,  against  the  parties 
M  Drought  ltefore  the  court  by  BUOh  notice;  wliicli  shall  be  collected 
and  paid  into  the  treasury,  to  the  credit  of  the  Literary  fund.  The 
proceedings  in  all  other  respects  shall  lie  the  same  as  in  proceedings 
Bgainsl  shcrilVs  and  other  officers  in  default  to  the  commonwealth  : 
and  the  right  of  appeal  shall  be  the  same. 


commencement       3.   This  act  shall  be  in  force  from  its  passage. 


CHAP.  31. — An  ACT  allowing  persons  elected  Commissioners  of  the  bYve- 
nuc  at  the  last  general  election,  and  who  failed  to  qualify  within  the  time 
pp  scribed  by  law,  to  qualify  as  such,  in  certain  cases! 

Passed  January  1C,  1861. 


When  comity 
rntirtB  may 
allow  commiB 
■toners  to 
qualify 


1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 
for  the  county  courts  of  this  commonwealth  to  allow  the  persona 
elected  as  commissioners  of  the  revenue  at  the  last  general  election, 
and  who  failed  to  qualify  as  such  within  the  time  prescribed  by  the 
law  passed  March  thirtieth,  eighteen  hundred  and  sixty,  to  qualify  and 
give  bond  as  required  by  the  said  law,  within  thirty  days  after  the 
Limitation  as  to  passage  of  this  act:  provided  however  this  act  shall  have  no  effect  in 
such  counties  where  the  said  office  has  been  declared  vacant,  and  a 
writ  of  election  ordered  to  supply  said  vacancy. 


Provision  as  to 
bond*  of  com- 
missioners of 
the  revenue 


2.  Be  it  further  enacted,  that  in  any  counties,  cities  or  towns, 
where  any  person  or  persons  may  have  been  elected  commissioners, 
and  qualified  as  such,  but  not  within  the  time  prescribed  by  law, 
such  qualification  shall  be  deemed  and  is  hereby  declared  as  elfectual 
and  as  valid  as  if  such  qualification  had  been  within  the  time  pre- 
scribed by  law ;  and  the  bond  so  given  shall  be  deemed  as  valid  and 
effectual. 


Commencement       3.   This  act  shall  commence  and  be  in  force  from  and  after  the 
passage  thereof. 


CHAP.  32. — An  ACT  to  appropriate  a  stun  necessary  to  pay  for  the  prepa- 
ration and  publication  of  the  second  edition  of  the  Code  of  Virginia. 


Passed  March  27,  1861. 


Preamble  Whereas,  an  act  was  passed  by  the  general  assembly  on  the.  nine- 

teenth day  of  March  eighteen  hundred  and  sixty,  entitled  an  act  pro- 


MAYO'S  GUIDE. CLERKS  OF  SENATE  AND  HOUSE.  57 

ruling  for  publishing  a  second  edition  of  the  Code  of  Virginia,  by 
which  the  secretary  of  the  commonwealth  was  directed  to  prepare 
the  said  edition,  and  to  contract  for  the  publication  of  ten  thousand 
copies  thereof,  but  there  was  no  appropriation  made  in  said  act  to 
pay  for  the  said  work  :    Therefore, 

1.  Be  it  enacted  by  the  general  assembly,  that  the  secretary  of  Amount 
the  commonwealth  be  allowed,  for  the  preparation  of  said  new  edi-  ai>propria 
tion,  the  sum  of  two  thousand  dollars;  and  that  the  linn  of  Ritchie, 
Dunnavant  &•  Co..  by  whom  the  work  was  published,  be  allowed  the 

sum  of  two  dollars  per  volume  therefor;  to  be  paid  upon  the  warrant 
of  the  auditor  of  public  accounts,  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  33. — An  ACT  to  distribute  Mayo's  Guide  to  Coroners. 
•  I  March  21,  1861. 


1.  Be  it  enacted  by  the  general  assembly,  that  the  secretary  of  the  Mayo's  Guide 
commonwealth  be  and  is  hereby  authorized  and  directed  to  distribute  to  coroners 
to  each  coroner  of  the  several  counties  and  corporations  of  the  state, 

one  copy  of  Mayo's  Guide  to  Magistrates,  in  the  same  manner  as  the 
Acts  of  the  General  Assembly  are  now  distributed  by  law:  provided, 
that  such  distribution  shall  not  be  made  until  the  Acts  of  Assenildy 
of  the  present  session  are  distributed. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  34. — An  ACT  allowing  compensation  to  the  Clerk  of  the  House  of 
Delegates  and  Clerk  of  tli<  Senate,  for  services  rendered  during  the  pre* 
sent  session  of  the  Genera]  Assembly. 

ragsoi  Uanih  90,  1881. 

1.  I'.e  it  enacted  by  the  general  assembly,  that  William  P.  Gtordon,  bnonatattmrad 
jr.,  clerk  of  the  house  of  delegates,  !"•  allowed  the  sum  of  eight  dol-  Knate  and  boost 
Ian  per  day,  and  9helton  ('.  Davis,  clerk  of  the  senate,  he  allowed  "f  d'',cgat** 
ihr  -urn  of  eight  dollars  p<  r  day.  for  services  rendered  at  the  extra 

on  of  eighteen  hundred  ami  sixty-one;  ami  that  the  auditor  of 
public  account-  be  directed  bo  issue  bis  warrant  upon  the  treasury  for 

said  sums. 

2.  This  act  shall  bo  in  force  from  its  passage. 


58  ADJUTANT    GENERAL. — REMAINS    OF    GENERAL   LEE. 


Chap.  35.— An  ACT  providing  pay  for  the  Adjutant  General,  on  account 
of  his  Bervioee  in  the  reorganization  of  the  Militia  in  the  years  !-•> 
and  J  859. 

Passed  March  25,1861. 

Rate  of  pay  1.    Be  it  enacted  by  the  general  assembly,  that  the  adjutant  gene- 

ral, in  consideration  of  services  performed  by  him  in  the  reorgani- 
zation of  the  militia  in  the  years  eighteen  hundred  and  fifty-eight  and 
eighteen  hundred  and  fifty-nine,  shall  be  allowed  pay  at  the  rate  pro- 
vided by  the  tenth  section  of  the  act  passed  March  thirtieth,  eighteen 
hundred  and  sixty,  entitled  an  act  for  the  better  organization  of  the 
militia  of  the  commonwealth,  from  the  first  day  of  April  to  the  thirty- 
first  day  of  December  eighteen  hundred  and  fifty-nine. 

commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  36. — An  ACT  making  an  Appropriation  for  the  removal  to  Virginia 
of  the  Remains  of  General  Harry  Lee. 

Passed  March  23,  1861. 

Amount  1.   Be  it  enacted  by  the  general  assembly,  that  the  sum  of  one 

appropnated      thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  shall  be 

and  is  hereby  appropriated,  to  be  applied,  under  the  direction  of  the 

governor,  for  the  removal  of  the  remains  of  General  Harry  Lee  from 

the  cemetery  of  P.  M.  Nightingale,  esquire,  in  the  island  of  Cumber- 

Wliere  remains   land,  Georgia,  to  the  public  grounds  of  the  Lexington  military  insti- 

to  be  earned       tute^  an<j  ^  ereetmg  over  tuenl  a  guitable  monument. 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  37. — An  ACT  to  defray  the  expenses  of  a  Pedestal,  setting  up  and 
transporting  the  Statue,  of  Jefferson. 

Passed  January  24,  1861. 

Amount  1 .  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 

appropnated      ^  aecountg  ^e  an(}  ]ie  jg  hercby  directed  to  issue  his  warrant  on  the 

treasury,  payable  out  of  any  money  therein  not  otherwise  appro- 
in  whose  favor   priated,  in  favor  of  T.  J.  Randolph,  rector  of  university  of  Virginia, 

for  a  sum  not  exceeding  sixteen  hundred  dollars,  for  defraying  the 

expenses  of  a  pedestal,  setting  up  and  transporting  the  statue  of 

Jefferson. 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


RAIL    ROADS. 


CHAP.  38. — An  ACT  to  amend  an  act  entitled  an  act  to  incorporate  the  Rich- 
mond and  York  River  Rail  Road  Company,  passed  January  31,  1853. 

Passed  February  13,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  1853 
the  act  entitled  an  act  to  incorporate  the  Richmond  and  York  river 

rail  road  company,  passed  the  thirty-first  of  January  eighteen  hun- 
dred and  fifty-three,  be  re-enacted  and  amended  so  as  to  read  as 
follows  : 

"§  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  it  Company 
shall  be  lawful  to  open  books  in  the  city  of  Richmond,  and  in  such 
other  place  or  places  as  the  commissioners  herein  after  named  shall 
think  fit,  under  the  direction  of  Edward  J.  Wilson,  Bernard  Peyton, 
R.  B.  Haxall.  Robert  S.  Apperson,  James  Lyons,  R.  IT.  Maury,  C. 
Dimmock,  Abraham  Warwick,  James  Stamper  and  John  D.  Christian, 
or  any  three  of  the  same,  or  any  deputies  or  agents  of  said  commis- 
siouers,  for  the  purpose  of  receiving  subscription  to  an  amount  not 
less  than  two  hundred  and  fifty  thousand  dollars  nor  more  than  five 
hundred  thousand  dollars,  in  shares  of  one  hundred  dollars  each,  for 
the  purpose  of  constructing  a  rail  road  from  the  city  of  Richmond  to 
some  point  on  York  river  or  near  the  mouth  of  Pamunkey  river,  and 
providing  every  thing  necessary  and  convenient  for  the  transportation 
on  the  said  road  ;  and  that  the  said  rail  road  company  be  and  is  here-  Power  to  pur 
by  authorized  to  purchase  and  run  steam  boats,  and  make  such  con-  boats,  <fcc 
nections  with  steam  boat  lines  and  other  lines  of  navigation  or  trans- 
portation, as  may,  in  the  opinion  of  the  directory  of  the  said  company, 
be  conducive  to  its  success  and  prosperity." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  39. — An  ACT  authorizing  the  County  Court  of  Rockingham  County 
to  loan  to  the  Manassas  Gap  Rail  Road  Company  a  sum  of  money. 

Passed  February  21,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  county  court  County  court  of 
of  Rockingham  county  be  hereby  authorized,  by  a  vote  of  two-thirds  rathorteed'to 
of  all  the  magistrates  of  the  county,  to  loan  to  the  Manassas  gap  rail  ls*»c  bonds,  &c 
road  company  a  sum  not  exceeding  one  hundred  thousand  dollars, 

which  may  be  necessary  to  complete  the  road  of  said  company  to 
Harrisonburg;  and  for  this  purpose,  the  court  may  issue  the  coupon 
bomb  of  the  county,  bearing  six  per  cent,  interest,  payable  semi- 
annually: provided  the  court  have  such  security  M  in  its  OpiniOn  Interest  to  be 
will  be  ample  for  that  purpose,  that  tin-  Said  Manama--  gap  rail  road  '„')!' fund  crented 
company  will  pay  to  the  court  .Mini-annually.  such  an  amount  as 
will  meet  the  interest  on  said  bonds,  and  will  constitute  a  sinking 
fund  which  will  extinguish  the  principal  of  said  loan  at  maturity. 

2.  This  act  shall  be  in  force  from  it-  passage.  Commencement 


60 


BAIL    ROADS. 


Act  of  lf<G0 
■mended 


Chap.  10. — An  ACT  to  in  m  the  Capital  Btook  of  the 

mood  BBd  Danville  Kail  Koad  Company,  ami  for  other  [tmpOQOfl 
'TUary   18, 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  parsed 
March  twenty-seventh,  eighteen  bandied  and  sixty,  entitled  an  act 
to  amend  thefiral  section  of  the  act  entitled  an  act  to  increase  the 

capital  Btook  of  tin-  Richmond  and  Danville  rail  road  company,  and 

for  other  purposes,  he  am!  the  same  is  herchy  amended  and  re-enacted 
so  as  to  read  as  follows  : 


Increase  of  2.    The  Richmond  and  Danvilh'  rail  road  company  is  herchy  au- 

thorized to  increase  its  capita]  stock  by  the  additional  sum  of  two 
millions  of  dollars,  for  the  purpose  of  enabling  said  company  to  ex- 
Route  of  road  tend  their  road  from  the  present  termination  thereof,  at  or  near  the 
town  of  Danville,  or  from  any  point  on  the  extension  of  the  Rich- 
mond and  Danville  rail  road  authorized  by  the  act  giving  authority 
to  extend  said  rail  road,  and  to  authorize  a  connection  thereof  with 
the  Coalfield  rail  road  in  North  Carolina,  not  less  than  ten  nor  more 
than  fifteen  miles  west  of  the  said  town  of  Danville,  through  the 
counties  of  Pittsylvania,  Henry.  Patrick  and  Carroll,  to  some  point 
on  the  Virginia  and  Tennessee  road,  deemed  most  advisable. 

Commencement      3.    This  act  shall  he  in  force  from  its  passage. 


Time  nllnw  l  '1 
for  payment  of 
intercBt 

Interest  to  bear 

iuterict 


Company  to 
confess  judg- 
ment 


When  execution 
may  issue 


CHAP.  41. — An  ACT  for  the  relief  of  the  Orange  and  Alexandria  Kail  Koad 

Company. 
!■ .    ad  Karen  30,  1881. 

1.  Be  it  enacted  by  the  general  assembly,  thai  it  shall  be  lawful  for 
the  Orange  and  Alexandria  railroad  company  to  pay,  on  or  before 
the  first  day  of  January  eighteen  hundred  and  sixty-four,  with  inte- 
rest thereon  at  the  rate  of  six  per  centum  per  annum  from  the  day 
on  which  such  arrearages  became  due,  such  temporary  arrearages 
as  may  be  now  due,  or  become  due  to  the  state  within  two  years  next 
ensuing:  provided  said  Orange  and  Alexandria  rail  road  company 
shall  confess  judgment  in   some   court  of  competent  jurisdiction,  for 

such  amount  as  may  he  ascertained  to  be  due  the  commonwealth 
from  said  company,  by  agreement  between  said  company  and  the 
Hoard  of  public  works,  or  in  case  they  do  not  agree,  for  such  amount 
as  may  he  ascertained  by  the  arbitrament  of  such  referees  as  may  be 
appointed  by  said  company  and  the  Board  of  public  works.  But 
no  execution  shall  issue  on  such  judgment  prior  to  the  first  day  of 
January  eighteen  hundred  and  sixty-four. 


Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


KAIL   ROADS.  61 


Chap.  42. — An  ACT  to  protect  the  [nterest  of  the  Commonwealth  and 
others  in  Kail  Road  ami  Steam  Boal  Companies  in  tliis  .State,  on  the  two 
lines  between  Baltimore  ami  Weldon, 

Passed  February  IP.  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  Companies  an- 

'       .       .       ,  .  thorteed  to  put 

for  any  of  the  rail  road  and  steam  boat  companies  m  this  state,  con- chase  stork 

stituting  either  of  the  two  existing  lines  of  through  travel  between 

Baltimore  and  Weldon,  to  purchase  and  hold,  with  the  assent  of  the 

Board  of  public  works,  the  stock  of  any  such  company  constituting  a 

part  ef  the  other  of  the  said  two  competing  lines  to  BUch  extent  as  it 

may  deem  expedient  and  necessary  to  prevent   injurious  competition  Object  thereof 

and  a  loss  of  remunerative'  revenues  to  the  commonwealth  and  the 

other  stockholders  of  such  companies. 

2.  This  aef  shall  1)C  ill  force  from  its  passage.  Commencement 


Chap.  43. — An  ACT  in  relation   to  the  Devise  made  by  Joel  Osborne  to 
the  Alexandria,  Loudoun  and  Hampshire  Kail  Road  Company. 

Passed  March  16,  1861. 

Whereas  Joel  Osborne,  late  of  the  county  of  Loudoun,  by  his  last  Preamble 
will  and  testament,  directed  his  real  estate  in  said  county  to  be  sold, 
and  the  proceeds  paid  to  the  Alexandria,  Loudoun  and  Hampshire 
rail  road  company,  to  be  expended  in  the  construction  and  equip- 
ment of  said  road  :  And  whereas  it  is  just  and  right  that  said  bequest 
should  be  considered  as  an  individual  subscription  to  the  stock  of  the 
said  company,  so  far  as  to  entitle  said  company  to  draw  the  state's 
proportion  of  three-fifths  out  of  the  subscription  authorized  to  be 
made  on  the  part  of  the  state:    Therefore, 

1.  Be  it  enacted  by  the  general  assembly,  that  whenever  the  when  p.onr<i 
amount,  or  any  portion  thereof,  directed  by  the  last  will  and  toata-topaj 

incut  of  Joel  <  isborne.  late  id'  Loudoun  County,  to  be  paid  to  the  said 

Alexandria,  Loudoun  ami  Bampshire  rail  road  company,  shall  be 
paid  to  the  said  company,  the  Board  of  public  works  are  hereby 
directed  to  pay  to  said  company,  on  behalf  of  the  state,  three  dollars 

for  ever]  two  paid  under  tin-  provisions  of  the  Mill  of  said  Joel  Os- 

Dorne.      The   amount   Which   the    Hoard   of  public  works  are   hereby  Amr.mii  to  bo 

directed  to  pay  is  to  be  deducted  from   the  amount  which  said  board  Bp'propriation 

is  authorized  to  subscribe  to  the  capital  stock  of  said  company  by  ih<- 
act  passed  the  ninth  day  of  February  eighteen  hundred  and  sixty; 
but  the  tntereel  of  the  state, by  virtue  of  its  being  ■  stockholder,  In 
the  bequest  aforesaid,  shall  not  be  affected  or  impaired  by  the  provi- 

sions  of  this  ad. 

2.  This  act  shall  be  in  force  from  its  pass;,  Commencement 


6t  POLICE   AGENTS    ON    KAIL    ROADS. TURNPIKES. 

Chap.  44. — An  ACT  to  authorize  Bail  Read  Companies  to  appoint  Police 

i  its. 
Passed  April  :i,  1861. 

How  police  1.    Be  it  enacted  by  the  general  assembly,  that  the  president  of 

any  rail  mad  company  incorporated  by  this  state,  may.  with  the  ap- 
probation of  the  county  court  of  any  comity  through  which  the  road 

I'owors  may  pass,  appoint  a  police  agent  or  agents,  who  shall  have  authority 

upon  the  road  and  other  property  within  this  state,  of  such  company, 
to  exercise  all  the  powers  which  can  lawfully  be  exercised  by  any 
constable  for  the  preservation  of  the  peace,  the  arrest  of  offenders 
and  disorderly  persons,  and  for  the  enforcement  of  the  laws  against 

How  removed  crimes ;  and  such  president  may  remove  such  agents  at  his  pleasure  : 
provided,  that  any  county  court  giving  such  consent,  may  at  any 
time  revoke  it. 

Powers  as  to  2.    It  shall  be  lawful  for  any  such  police  agent,  or  for  any  person 

Pf<  in  the  employment  of  such  company,  to  arrest  any  negro  found  on 
such  road,  or  any  branch  thereof,  or  any  of  the  cars,  works  or  pro- 
perty of  such  company,  without  having  the  proper  evidence  of  the 
right  of  such  negro  to  be  there ;  and  the  person  making  such  arrest, 
may  deliver  such  negro  to  any  jailor,  or  carry  him  or  her  before  any 
justice  of  the  peace  in  the  county  or  corporation  in  which  such  arrest 
is  made,  to  be  examined,  and  committed  to  the  proper  custody,  or 
otherwise  dealt  with  according  to  law. 

Commencement      3.   This  act  shall  be  in  force  from  its  passage. 


Chap.  45. — An  ACT  amending  the  act  passed  April  2d,  1858,  concerning 
the  Berryvillc  and  Charlestown  Turnpike. 

Passed  April  3,  1861. 

Act  of  1858  1.   Be  it  enacted  by  the  general  assembly,  that  the  second  section 

of  an  act  passed  April  the  second,  eighteen  hundred  and  fifty-eight, 
entitled  an  act  to  provide  for  the  payment  of  the  purchase  money  of 
the  Berryville  and  Charlestown  turnpike,  by  the  Board  of  public 
works,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

Superintendent  "  §  2.  The  commissioners  of  the  Board  of  public  works  may  appoint 
appohitedOW  a  superintendent  of  the  said  turnpike  ;  but  in  appointing  such  super- 
Compensation  jntendent,  the  said  commissioners  of  the  Board  of  public  works  shall 
not  allow  or  pay  to  such  superintendent  a  larger  salary  per  annum, 
or  for  a  greater  or  less  period  of  time  than  the  superintendence  of 
such  work  can  be  let  for  to  the  lowest  bidder  deemed  competent ; 
and  to  carry  out  this  provision,  the  said  commissioners  of  public 
works,  in  making  the  appointment  of  such  superintendent,  are  hereby 


TURNPIKES.  63 

authorized,  after  first  advertising  a  notice  for  one  month  in  some 
newspaper  contiguous  to  the  improvement,  and  also  posting  a  copy 
at  the  places  where  tolls  are  collected,  to  let  the  superintendence  of 
such  work  from  time  to  time,  as  they  may  deem  expedient,  to  the 
lowest  bidder  deemed  competent  by  said  commissioners.  Every  such  Superintendent 
superintendent,  before  acting,  shall  take  an  oath  that  he  will  not  be  give  bond  "" 
interested  in  any  contract  for  or  relating  to  the  turnpike,  and  give 
bond  with  good  personal  security,  to  be  approved  by  the  said  commis- 
sioners of  public  works.  But  this  act  shall  not  be  construed  to  im- 
pair or  affect  in  any  way  the  existing  contract  between  said  commis- 
sioners and  the  present  superintendent,  in  respect  to  the  salary  of 
the  latter  for  the  current  year."' 

2.    This  act  shall  be  in  force  from  its  passage.  Commencement 


I  ii  \;\  46. — An  ACT  appointing  Superintendents  of  the  Staunton  and  Par- 
kersburg  Turnpike  Road. 

Passed  April  1,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  Board  of  public  Superintcn- 
works  arc  hereby  authorized  and  directed  to  appoint  two  superinten-  appointed* 
dents  for  the  Staunton  and  Parkersburg  turnpike  road,  one  of  whom 

shall  superintend  that  portion  of  said  road  which  lies  east  of  the  top 
of  Cheat  mountain,  and  shall  reside  east  of  said  mountain ;  and  one 
of  whom  shall  superintend  that  portion  of  said  road  which  lies  west 
of  the  top  of  said  mountain,  and  shall  reside  west  of  Cheat  moun- 
tain :  provided,  however,  that  no  additional  charge  upon  the  treasury  rroviso 
is  hereby  created  for  superintending  said  road. 

2.  The  said  superintendents  shall  be  appointed  in  the  manner  now 
prescribed  by  law. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  it. — An  ACT  to  amend  and  re-enact  an  act  passed  Match  22d,  1860, 
entitled  an  act  to  incorporate  the  Knob  Turnpike  <  lompany  in  the  county 
of  Washington,  and  incorporating  the  Abii  I  Turnpike 

( lompany. 


March  87,  ih;i. 


Be  it  enacted  by  the  general  assembly,  thai  the  net  passed  March  Actor isw 
tweiu\  second,  eighteen  handled  and  sixty,  entitled  an  ad  to  ineor-  amcn<l0<, 

porate  the  Knob  turnpike  company  in  the  county  of  Washington,  be 
amended  and  re-enacted  so  as  to  read  as  follows: 


64 


TURNPIKES. 


:  road         1.    That  for  the  purpose  of  constructing  a  turnpike  road  from  Ah- 
ingdon  in  the  county  of  Washington  t<>  the  Tennessee  line,  it  shall  be 
Capita]  lawful  to  open  hooks  for  receiving  subscriptions  to  the  amount  of  live 

Commissioner*  thousand  dollars,  in  shares  of  t\v<-nty-li\ e  dollars  each.  The  Baid 
hooks  shall  he  opened  at  Abingdon,  under  the  superintendence  of 
Jonathan  King,  John  Lowry  and  Thomas  MoConnell,  and  under  the 
Bnperintendenoe  of  such  agents  as  any  three  of  said  commissioners 
may  appoint. 


Wueu  Incor- 
porated 


How  COU- 

Btructed 


2.   When  fifty  shares  shall  have  been  subscribed,  the  subscribers, 

their  executors,  administrators  and  assigns,  shall  he  and  they  are 
hereby  incorporated  into  a  company  by  the  name  and  style  of  The 

Abingdon  and  Tennessee  Turnpike  Company,  subject  to  the  provi- 
sions of  chapters  fifty-seven  and  sixty-one  of  the  Code  of  Virginia: 
provided,  that  the  company  may  dispense  with  a  summer  or  side  road 
to  their  turnpike :  that  said  road  shall  he  thrown  up  and  improved  at 
least  sixteen  feet  wide,  exclusive  of  side  ditches,  and  the  grade  of  the 
road  shall  no  where  exceed  three  degrees. 


Court  of  Wash-      3.   The  county  court  of  Washington  county  is  hereby  authorized 

ibscribe     to  suhscrihe  such  an  amount  to  the  capital  stock  of  said  company  as 

may  lie  authorized  by  the  court  of  said  county,  the  justices  thereof 

being  duly  summoned  for  the  purpose,  and  a  majority  voting  for  the 

subscription. 


State  subscrip- 
tion 


4.  That  the  Board  of  public  works  are  hereby  authorized  to  sub- 
scribe, on  behalf  of  the  commonwealth,  to  the  amount  of  three  thou- 
sand dollars,  or  one  hundred  and  twenty  shares,  being  three-fifths  of 
the  capital  stock  of  said  company:  provided,  that  before  any  part  of 
such  subscription  is  made,  the  hoard  shall  he  satisfied  that  two-fifths 
of  the  capital  stock  have  been  suhscribed  hy  persons  other  than  the 
commonwealth,  solvent  and  able  to  pay. 


Payments  pari 
passu 


5.  The  subscription  above  authorized  on  behalf  of  the  common- 
wealth shall  he  paid  in  equal  proportions  or  pari  passu  with  payments 
made  hy  subscribers  other  than  the  commonwealth. 


Commencement      6.   This  act  shall  be  in  force  from  its  passage. 


Chap.  48. — An  ACT  transferring  the  Cacapon  and  North  Branch  Turnpike 

to  the  County  Court  of  Hampshire  County. 


Passed  March  23,  18G1. 


Preamblo  Whereas  it  is  represented  to  the  general  assembly  of  the  state  of 

Virginia,  that  the  travel  upon  \he  road  known  as  the  Cacapon  and 
North  branch  turnpike  in  the  county  of  Hampshire,  is  insufficient  to 


TURNPIKES.  66 

famish  the  amount  of  toll  necessary  to  keep  the  road  in  proper  re- 
pair :  Therefore, 

1.  Be  it  enacted  by  the  general  assembly,  that  the  turnpike  known  Road  transferred 
as  the  Cacapon  and  North  branch  turnpike  in  the  county  of  Hamp- 
shire, be  and  the  same  is  hereby  transferred  to  and  vested  in  the 

county  court  of  Hampshire,  to  be  held  and  kept  in  repair  for  public 

use,  and  to  be  in  all  respects  subject  to  the  authority  of  said  court,  as 

other  public  roads  in  said  county  :   provided,  however,  that  the  assent  Assent  of  pri- 

to  the  transfer  shall  first  be  obtained  of  such  stockholders  other  than  holders 

the  state,  as  may  assemble  in  general  meeting,  after  publication  of 

notice  of  the  time  and  place  for  such  meeting  for  two  months  :  and  Proviso 

provided,  that  the  state  incurs  no  liability  to  the  private  stockholders 

by  reason  of  the  said  transfer. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  40. — An  ACT  amending  the  Charter  of  the  Black  Lick  and  Plaster 
Bank  Turnpike  Company. 

Pawe-l  Mareli    !.->,  ISfil. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  Branen  road 
president  and  directors  of  the  Black  lick  and   Plaster  bank  turnpike ' 

be  authorized  to  extend  said  road  from  some  convenient  point  on  the 
Walker's  creek  and  Eolston  turnpike  in  the  county  of  Wythe,  to  the 
Tazewell  courthouse,  Marion  and  Rye  valley  turnpike  on  Clinch 
mountain  in  the  count}'  of  Tazewell. 

2.  The  second  section  of  the  act  providing  for  constructing  die  Act  amended 
Black  lick  and   Plaster  bank  turnpike  road  in  Wythe  and   Smyth 
enmities,  is  hereby  amended  and  re-enacted  so  as  to  read  as  follows: 

"  §  2.    The  whole  line  of  said  road  shall  be  divided  by  the  courts  Soai  to  be 
of  directors  into  tWO  divisions:   the  one  within  and  through  a  portion  Route* 
of  the  county  of  Wythe,  as  now  constructed;   and   the  Other  to  be  a 
branch  of  the  tir.-t.  running  from  the  Plaster  banks  or  Chatham  hill 
in  the  county  of  Smyth,  to  the  Blue  springs,  crossing  Walker's  Big 
mountain  at  Tilson'a  gap,  and  passing  by  Mount  Airy  depot;  andoottitoba 

Ae  directors  shall  compute  what  part  of  the  total   sum  estimated  as  rompu 
the  OMt   of  the  whole  road,  not    exceeding  sixteen   thousand  dollar--. 

will  be  required  for  the  construction  of  each  division." 

3.  The    Boaid   Of   public   works    shall    subscribe,  on    behalf  of  the  State  sub- 
state,  for  tlii(  e  lift!:,  .1   t lie  i-uiii  I •- 1 i mat ed   fof  iach  OT  either  of  said 
divisions,  when  said  board  shall  be  satisfied  that  two-fifths  of  the  sum 
estimated  for  each  division,  has  been  subscribed  by  the  court  of  the 


GO  TURNPIKES. 

county  within  which  the  same  may  lie,  or  by  solvent  individuals. 
Neither  of  said  counties  shall  be  required  to  pay  any  part  of  the  cost 
of  said  road  lying  within  the  limits  of  the  other  county. 

Width  of  4.    Be  it  further  enacted,  that  the  branch  road  hereby  authorized 

shall  be  constructed  at  a  width  of  not  less  than  twelve  feet,  and  a 
grade  not  exceeding  five  degrees,  and  that  this  act  shall  not  increase 
the  appropriation  already  made  on  the  part  of  the  state. 

Commencement       5.    This  act  shall  be  in  force  from  its  passage. 


Chat.  50. — An  ACT  to  alter  ami  amend  an  act  entitled  an  act  to  incorporate 
the  Wackslmrg,  Catawba  Creek  and  Fincastle  Turnpike  Company,  passed 
February  15,  JrHjO,  and  to  change  the  name  to  the  Montgomery,  Roanoke 
and  Botetourt  Turnpike  Company. 

Passed  March  22, 1861. 

Act  of  1860  Be  it  enacted  by  the  general  assembly,  that  an  act  entitled  an  act 

to  incorporate  the  Blacksburg,  Catawba  creek  and  Fincastle  turnpike 
company,  passed  February  fifteenth,  eighteen  hundred  and  sixty,  be 
amended  and  re-enacted  so  as  to  read  as  follows  : 

Books,  by  whom      1.    That  it  shall  be  lawful  for  John  N.  Lyle,  Robert  H.  Mosby, 
opened  Francis  Henderson,  Davis  M.  Bennett  and  Redmon  Akin,  of  Mont- 

gomery county,  Elias  Thomas,  Mark  B.  Moorman,  James  G. 
McConkey,  Giles  Barrett  and  William  W.  Brand,  of  Roanoke  county, 
and  William  A.  Glasgow,  William  K.  McDowell,  Isaac  Henkle,  Ro- 
bert Hines,  Jacob  Fleager  and  Benjamin  Farias,  of  Botetourt  county. 
and  such  other  person  or  persons  as  any  three  of  the  above  named 
persons  may  appoint ;  each  to  open  books  at  such  times  and  places 
as  each  of  them  may  think  proper,  for  the  purpose  of  receiving  sub- 
scriptions to  a  joint  capital  stock  not  exceeding  in  the  whole  sixteen 
thousand  dollars,  to  be  divided  into  shares  of  twenty-five  dollars  each, 
Route  of  road  for  the  purpose  of  constructing  a  turnpike  road  from  some  point  m 
the  county  of  Montgomery,  at  or  near  the  Montgomery  White  sul- 
phur springs,  by  the  way  of  the  valley  of  Catawba  creek  in  the 
county  of  Roanoke,  to  the  town  of  Fincastle  in  the  county  of  Bote- 
tourt, by  the  most  eligible  route,  to  be  determined  by  a  vote  of  the 
stockholders  in  general  meeting ;  or  the  stockholders  may  by  vote 
order  such  location  to  be  made  by  a  competent  engineer :  provided 
such  engineer  has  no  pecuniary  interest  in  said  road.  In  letting  said 
road  to  contract,  equal  portions  of  the  funds  of  the  company  shall  be 
devoted  pari  passu  to  constructing,  beginning  at  Fincastle,  and  pro- 
ceeding towards  its  western  terminus,  and  at  the  point  in  Roanoke 
where  said  road  shall  intersect  the  Salem  and  Newcastle  turnpike, 
and  proceeding  towards  its  western  terminus,  so  that  the  two  parts  of 
said  road  shall  be  let  to  contract  in  equal  portions  until  completed. 


TURNPIKES.  67 

2.  That  the  county  courts  of  Botetourt  and  Roanoke  may  autho-  Toil  gates,  how 
vize  said  company  to  erect  toll  gates  on  said  road  in  their  respective  ' 
counties,  as  each  portion  is  constructed,  according  to  chapter  sixty- 

one,  section  eight  of  the  Code  of  Virginia,  edition  of  eighteen  hun- 
dred and  sixty,  and  demand  and  receive  tolls  on  the  same. 

3.  When  three-fourths  of  two-fifths  of  said  capital  shall  have  been  Company,  when 
subscribed  by  persons  other  than  the  commonwealth,  solvent  and 

able  to  pay,  the  subscribers,  their  executors,  administrators  and  as- 
signs, shall  be  and  they  are  hereby  incorporated  into  a  company  by 
the  name  and  style  of  The  Montgomery,  Roanoke  and  Botetourt  Tom- 
pike  Company;  subject  to  the  provisions  of  chapters  fifty-seven  and 
sixty-one  of  the  Code  of  Virginia:  provided,  that  said  company  shall 
not  be  required  to  make  a  summer  or  side  road  thereto :  and  provi- 
ded, that  the  said  road  shall  not  be  less  than  fifteen  feet  wide,  and 
shall  not  exceed  a  grade  of  four  degrees. 

4.  The  Board  of  public  works  are  hereby  directed  to  subscrihe  on  state  mh 
behalf  of  the  commonwealth  for  three-fifths  of  the  capital  stock  o-f8enpi° 
said  company,  when  said  board  shall  be  satisfied  that  three-fourths  of 
two-fifths  of  the  whole  capital  stock  has  been  subscribed  by  indivi- 
duals other  than  the  commonwealth,  solvent  and  able  to  pay  :  provided, 
however,  that  such  subscriptions  for  the  commonwealth  shall  be  paid 

pari  passu  with  the  payments  of  other  subscriptions.  The  Board  of 
public  works  shall  also  borrow  the  amount  necessary  to  pay  the  state 
subscriptions,  conformably  with  the  provisions  of  the  Code  of  Vir- 
ginia. 

5.  This  act  shall  be  in  force  from  its  passage.  Commr  norm-Mit 


Chap.  51. — An  ACT  to  increase  the  Capital  Stock  of  the  Elk  Eivei  Turn- 
pike Company. 

Passed  February  12. 3SG1. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  capital  stock  of  Capital  tn 
the  Elk  river  turnpike  company  be  and  ilie  same  is  hereby  inoreased,  " 

by  the  addition  thereto  of  the  sum  of  twenty-five  thousand  dollars,  in 

Share*   of   twenty-five  dollars   each;   and  that    all    the   private  stud 

heretofore  subscribed  t<>  said  company,  over  and  above  the  sum  oj 
eight  thousand  dollars,  shall  )«■  valid,  and  constitute  a  pari  of  the 
capital  itooli  hereby  created. 

2.  That  books  of  subscription  fur  said  stuck  may  lie  opened  by  the  Boot*  of  »ui. 
president  and  directors  of  said  company,  at  such  time  or  timee  and 

at  such  places  and  under  inch  oornmissionen  as  they  may  diro 
provided,  that  the  Board  of  public  works  shall  not  subscribe  to  any  pi 

part  of  the  increased  capital  Itook. 


fig  TURNPIKES. 


CHAP.  52. — An  ACT  to  amend  the  Charter  of  the  Sir  John's  Run  Turnpike 

Company. 

Passed  March  14, 1861. 

Capital  stock  1.   Be  it  enacted  by  the  general  assembly,  that  the  Sir  John's 

run  turnpike  company  are  hereby  authorized  to  increase  their  capi- 
tal stock,  by  the  sum  not  exceeding  five  thousand  dollars,  in  shares 
of  twenty-five  dollars  each,  for  the  purpose  of  extending  or  making 
a  branch  of  said  road,  from  or  near  Mclntire's  mill  in  Frederick 
county,  passing  at  or  near  M.  C.  Dolan's  store,  to  some  point  on  the 
North  Frederick  turnpike  at  or  near  Sampson  Clark's  house  in  said 
county. 

Books,  how  2.   For  the  purpose  of  carrying  out  the  provisions  of  this  act,  the 

opened  board  of  directors  of  the  Sir  John's  run  turnpike  company  shall 

have  books  for  receiving  subscriptions  opened  at  the  store  of  Michael 

C.  Dolan,  and  at  such  other  places  and  under  the  superintendence  of 

such  persons  as  they  may  designate. 

commencement      3.   This  act  shall  be  in  force  from  its  passage. 


Chap.  53. — An  ACT  to  transfer  a  part  of  the  Price's  Mountain  and  Cum- 
berland Gap  Road  to  the  Mountain  Lake  and  Salt  Sulphur  Springs  Turn- 
pike Company. 

Passed  February  15, 1861. 

What  may  be        1.   Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 
ik.nPofdroadP°r    for  tne  Mountain  lake  and  Salt  sulphur  springs  turnpike  company  to 
adopt  that  portion  of  the   Price's  mountain  and   Cumberland  gap 
road,  lying  between  the  residence  of  Enoch  Atkins  and  the  town  of 
,  Newport,  as  a  part  of  their  road,  and  to  keep  the  same  in  proper  re- 

consent  of         Pa"' :  provided,  however,  that  before  this  act  shall  take  effect,  the 
on™*7  C°urt  °f  consent  °f  tne  county  court  of  Giles  county  shall  be  first  obtained. 

Restrictions  2.   It  shall  not  be  lawful  for  the  said  Mountain  lake  and  Salt  sul- 

phur road  to  charge  any  toll  between  the  present  residence  of  Enoch 
Atkins  and  the  town  of  Newport,  a  distance  of  three  miles ;  and  the 
consent  hereby  given  may  be  withdrawn  by  the  county  court  of 
Giles  whenever  the  said  company  shall  fail  to  keep  said  portion  of 
the  road  in  repair,  as  required  by  the  provisions  of  the  Code  of  Vir- 
ginia in  relation  to  county  roads. 

Commencement      3.   This  act  shall  be  in  force  from  its  passage. 


PLANK   ROAD. CANAL   AND   NAVIGATION    COMPANIES.  69 


Chap.  54. — An  ACT  authorizing  the  Board  of  Public.  Works  to  confirm 
the  Sale  of  the  Marysville  Plank  Road  to  the  County  of  Charlotte. 

Passed  January  31,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  Board  of  public  Sale  confirmed 
works  are  hereby  authorized  to  ratify  and  confirm  the  sale  of  the 
Maiysville  plank  road,  made  under  deed  of  trust,  to  the  county  of 
Charlotte  by  W.  W.  Henry,  trustee. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  55. — An  ACT  to  amend  and  re-enact  the  second  section  of  an  act 
passed  February  8th,  I860,  to  revive  and  amend  an  act  passed  March  1st, 
1.853,  entitled  an  act  to  amend  and  revive  the  Charter  of  the  Little  Ka- 
nawha Navigation  Company. 

Passed  March  14,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  second  section  Act  of  i860 
of  an  act  passed  February  eighth,  eighteen  hundred  and  sixty,  enti-  un 

tied  an  act  to  revive  and  amend  an  act  passed  March  first,  eighteen 
hundred  and  fifty-three,  entitled  an  act  to  revive  and  amend  the 
charter  of  the  Little  Kanawha  navigation  company,  be  amended  and 
re-enacted  so  as  to  read  as  follows  : 

"  §  2.    That  it  shall  be  lawful  to  open  books  in  the  county  of  Wood,  Books,  how 
at  Parkersburg,  under  the  superintendence  of  Daniel  II.  Neall,  James  °,?hom  and     *V 
Cook  and  A.  J.  Boreman;  at  Elizabeth  in  Wirt  county,  under  the  whew 
superintendence  of  Daniel  Wilkeson,  Abraham  Enochs,  A.  S.  Baltic 
and  Fidelias  Ott;  at  Big  Bend  in  Calhoun  county,  under  the  super- 
intendence of  Collins  Betts,  Hiram  Fevrell  and  George  W.  Bard- 
mon ;  at  Grlenville  in  Gilmer  county,  under  the  superintendence  of 
C.  B.  Conrad,  Levi  Johnson  and  8.  Gr.  Staluaker:  and  at  Ball)  own  in 
Braxton  county,  under  the  superintendence  of  C.  S.  Harlay.  Addison 
McLaughlin,  William  P.  ITayniond  and  Moses  Cunningham,  or  a  ma- 
jority of  them,  at  either  place,  for  the  purpose  of  receiving  subscrip- 
tions to  the  amount  of  twenty-five  thousand  dollars,  in  shares  of  Capita]  itoek 
twenty-live  dollars  each,  to  constitute  a  joint  capital  stock  for  open- 
ing, removing  dams  from  and  improving  the  navigation  of  the  Little 
Kanawha  river  from  Parkersburg  in  the  county  of  Wood,  to  the  falls 
of  the  said  river  in  said  county  of  Braxton,  mar  "William   P.  11. i\ 

mond'e  mills." 

2.  Be  it  further  enacted,  that  it   may  be  lawful  for  the  Little  Ka-  If  Inraffident, 
,  .        .  .",..,  how  b 

nawiia  navigation  oompany  to  receive  subscriptions  oi  money  to  an 
amount  deemed  sufficient  by  said  oompany,  otsc  and  above  said 

Capital  stuck,  to  improve  the  navigation  of  said  river  to  said  falls,  if 
said  capital   stock  should   prove  insullicicnt   therefor,  and   sinli  in- 


70  CANAL  AND    NAVIGATION    COMPANIES. 

creased  subscription  shall  bo  treated  as  a  part  of  and  in  addition  to 
Proviso  said  capital  stock:    provided,  that  the  Board  of  public  works  shall 

not  subscribe  to  any  portion  of  such  increased  capital  stock :  pro- 
vided, that  nothing  in  this  act  shall  impair  or  in  any  wise  affect  the 
organization  of  said  company,  which  has  already  taken  place,  or  any 
act  done  by  said  company,  or  any  of  the  officers  thereof. 

Commencement       3.    This  act  shall  be  in  force  from  its  passage. 


Chap.  56. — An  ACT  to  incorporate  the  Virginia  Canal  Company,  and  to 

transfer  the  Rights  and  Franchises  of  the  James  River  and  Kanawha 
Company  thereto.* 

Passed  March  29,  1861. 
I. — OF   THE   INCORPORATION   OF   THE   COMPANY. 

Preamble  Whereas  the  James  river  and  Kanawha  company,  at  their  called 

meeting  in  the  mouth  of  August  eighteen  hundred  and  sixty,  autho- 
rized an  agreement  to  be  entered  into,  and  which  was  executed  by 
the  president  of  said  company  in  pursuance  of  such  authority,  be- 
tween himself  and  Ernest  de  Bellot  des  Miuieres,  and  his  associates, 
under  the  firm  and  style  of  Bellot  des  Minieres,  Brothers  &  Co.  of 
France,  and  to  which  the  Board  of  public  works  of  this  state  gave 
its  assent,  as  evidenced  by  the  signature  of  its  president  thereto ; 
which  agreement  is  in  the  following  words  : 

Title  of  agree-     *'  An  Executory  Agreement,  entered  into  this  first  day  of  September, 
ment  of  con-  m  tjie  ^ear  eighteen  hundred  and  sixty,  between  Ernest  de  Bellot 

des  Minieres,  for  himself  and  his  associates,  under  the  firm  and 
style  of  Bellot  des  Minieres,  Brothers  and  Company,  of  France, 
of  the  one  part,  and  Thomas  H.  Ellis,  president  of  the  James 
river  and  Kanawha  company,  for  and  on  behalf  of  the  said  com- 
pany, in  pursuance  of  a  resolution  adopted  by  the  stockholders  of 
said  company,  in  general  meeting,  on  the  thirtieth  day  of  August 
eighteen  hundred  and  sixty,  of  the  other  part,  witnesseth : 

Preamble  to  "  Whereas,  it  is  a  matter  of  the  highest  importance  to  the  state  of 

contract  Virginia,  that  the  water  line  between  the  Chesapeake  bay  and  the 

Ohio  river,  which  will  open  the  great  west  and  southwest  and  its  im- 
mense trade  to  the  markets  of  the  world  by  the  shortest,  cheapest, 
safest  and  most  certain  route,  and  lead  to  an  incalculable  increase  of 
the  direct  foreign  trade  of  Virginia,  should  be  promptly  completed, 
the  parties  of  the  first  part  desiring  not  only  to  secure  to  themselves 
and  their  associates  the  profits  of  the  line  when  completed,  but  to 
France  the  primary  advantages  of  the  direct  trade  with  her,  which 
the  line  must  establish,  have  proposed  to  purchase  the  line  from 

*  The  word  "chapter,"  as  used  in  this  act,  applies  to  the  divisions  of  the  same. 


CANAL    AND   NAVIGATION    COMPANIES.  71 

Richmond  to  the  Ohio  river,  with  the  right  and  obligation  to  com- 
plete the  same,  and  the  president  and  directors  of  the  James  river 
and  Kanawha  company,  and  the  Hoard  of  public  works  of  Virginia, 
concurring  in  these  views,  and  sympathizing  strongly  with  the  par- 
ties of  the  first  part,  in  their  desire  to  establish  direct  trade  with 
France,  the  ancient  ally  of  the  United  States,  the  said  president  and 
directors  of  the  James  river  and  Kanawha  company,  have  entered 
into  negotiation  with  the  parties  of  the  first  part,  and  have,  with  the 
Approbation  of  the  Hoard  of  public  works,  entered  into  a  provisional 
agreement  with  them,  as  herein  set  forth.  And  since  it  is  necessary 
to  procure  the  approval  of  the  general  assembly  to  the  said  agree- 
ment, therefore,  subject  to  said  approval,  the  said  James  river  and 
Kanawha  company,  do  contract  and  agree  with  the  said  parties  of 
the  first  part  as  follows — that  is  to  say  : 

"1.   A  new  company  shall  be  formed  by  the, name  and  style  of  Virginia  canal 

'  The  Virginia  Canal  Company,'  with  a  capital  stock  of  not  less  formed 

than  twenty,  nor  more  than  thirty-five  millions  of  dollars,  in  shares 

of  one  hundred  dollars  each ;  to  which  shall  be  transferred  all  the  Property  and 

,  ~         .  .  f  .  l      T  'i  t'  i  franchises  of        ' 

property  and  franchises  ot  the  James  river  and  Kanawha  company, —  James  river  and 

the  stockholders  in  the  James  river  and  Kanawha  company,  other  ^™* trans6-0"1 
than  the  commonwealth  of  Virginia,  to  have  one  share  of  stock  in  ferred  thereto 
the  said  Virginia  canal  company  for  every  two  shares  of  stock  they 
now  hold;  and  the  state  to  transfer  to  the  said  Virginia  canal  com- 
pany, all  her  rights  as  a  stockholder  in  the  said  James  river  and  Ka- 
nawha company,  upon  condition  that  the  new  company  perform  and 
fulfill  the  terms  and  conditions  herein  alter  imposed. 

"  2.    The  Virginia  canal  company  shall  be  organized  with  a  charter  Of  charter 
similar  to  the  original  charter  of  the. lames  river  and  Kanawha  com- 
pany, with  such  modifications  and  additions,  as  may  be  necessary  and 
proper  for  adapting  it  to  the  purposes  of  the  new  organization. 

•••'{.    The  Virgina  canal  company  shall  clear  out  the  deposits  in  Duty  of  Virginia 
the  present  line  from   Richmond  to  Buchanan,  and  repair  all  the  as  to  repairs,  &.< 

present  works,  that  is,  the  embankments,  aqueducts,  bridges,  cul-  '.,','. J.'^'/ 
verts,  waste  weirs,  locks,  dams,  houses  and  structures  of  every  kind, 
repairing  those  wanting  repairs  only,  and  building  anew  the  works 
requiring  to  be  rebuilt,  so  that  the  whole  Hue  from  Richmond  to  Bu- 
ohanan  shall  be  of  a  depth  of  not  less  than  five  feet  at  any  point, 
and  in  all  respects  in  a  perfect  state  of  repair. 

"4.    They  shall  keep  on  all  the  line  a  sufficient  number  of  dredge  i. 
boats  to  keep  the  water  way  continually  free  from  deposit   and  ob- 
structions of  every  kind,  and  a  sufficient   number  of  extra  loch  'jutes 
and   wickets   read}'   to  be  inserted   in   ease  of  aeeident.      They  shall  Weigh  locks 
likewise  have  weigh  locks  at  not  less  than  three  points  on  the  line. 

•'.">.    Tiny  shall  complete  the  water  line  of  improvement  from  I'm-  Toeonplot* 


72  CANAL   AND    NAVIGATION    COMPANIES. 

improvement      chanan  to  the  Kanawha  river,  and  the  improvement  of  the  Kanawha 
to°OhioUrivera"    river.  BO  as  to  make  a  continuous  water  line  from  tide  water  at  Rich- 
mond to  the  Ohio  river:  constructing  tlie  works  on  the  general  plan 
of  the  part  of  the  improvement   thai   has  already  heen  made,  flut 
with  the  following  modifications,  to  wit  ; 
Locks,  size  of  "The  locks  from  Buchanan  to  the  Greenbrier  river  shall  he  not 

less  than  one  hundred  and  twenty  feet  long  between  the  gates,  hy 
twenty  feet  wide  in  the  clear,  and  on  the  Greenbrier  and  New  rivets, 
and  on  the  Kanawha  river  at  and  ahove  Lykens'  shoals,  not  less  than 
two  hundred  feet  long  between  the  gates,  hy  forty  feet  wide  in  the 
clear,  and  the  works  from  Buchanan  to  the  foot  of  Lykens'  shoals  on 
the  Kanawha  river  shall  he  so  constructed  as  to  give  a  depth  of  water 
Depth  of  water  of  not  less  than  seven  feet  at  any  point. 

How  Kanawha        "  The  Kanawha  river  to  be  improved  from  Lykens' shoals  to  its 

improved6  mouth  in  such  manner  as  to  secure  a  depth  of  water  of  not  less  than 

six  feet  at  all  seasons  of  the  year;  the  channel  through  the  shoals  to 

be  eighty  feet  wide  at  the  bottom,  and  one  hundred  and  four  feet 

wide  at  the  top. 

,  Depth  of  water      "The  capacity  of  the  improvement  from  Richmond  to  Buchanan 

nlondandi  sna^  Dc  enlarg°d  by  increasing  the  depth  of  the  water  to  not  less 

Buchanan  tjiau  gevpn  feet  ^  ally  point,  and  by  increasing  the  dimensions  of  all 

the  present  locks  to  not  less  than  one  hundred  and  twenty  feet  long 

between  the  gates,  by  twenty  feet  wide  in  the  clear,  or  by  douhliug 

the  locks,  and  making  the  new  locks  of  the  dimensions  aforesaid. 

But  the  increase  in  the  dimensions  or  the  doubling  of  the  locks,  need 

not  he  made,  until  the  locks  require  reconstruction  or  the  trade  of 

the  canal  shall  demand  it. 

Of  Tide  water        "  The  capacity  of  the  Tide  water  connection  and  Richmond  dock 

RiehwoiKi'uock  sball  he  enlarged,  so  as  to  afford  adequate  accommodation  to  the 

trade  of  the  line,  hy  opening  a  second  communication  with  tide 

water  hy  the  route  of  the  Ilaxall  canal,  or  other  suitable  route ;  or 

instead  of  that,  enlarging  or  douhliug  the  present  locks  between  the 

basin  and  the  dock,  as  well  as  the  present  ship  lock,  in  such  manner 

as  may  he  necessary  to  obtain  a  proper  result;  and  by  constructing 

all  such  other  works  as  may  be  necessary  for  enlarging  the  capacity 

of  the  dock  and  Tide  water  connection  for  the  purpose  aforesaid. 

Stock  to  be  "6.   The  said  Virginia  canal  company  shall  issue  to  the  respective 

holo>rBlnBtOCk  stockholders  in  the  James  river  and  Kanawha  company,  other  than 
Kanawha" :n<1  tnr  st:ltr'  certificates  of  stock  at  the  rate  of  one  share  in  the  new 
company  company  for  every  two  shares  held  by  them  in  the  James  river  and 

Kanawha  company,  which  shall  be  full  satisfaction  of  all  their  inte- 
What  interest  i'*'st  in  the  last  mentioned  company ;  and  they  shall  pay  annually  to 
thereon^  tne  holders  of  such  certificates,  five  per  centum  per  annum  on  the 

amounts  thereof,  from  the  date  of  the  organization  of  the  new  com- 
pany, until  the  line  shall  be  completed  to  the  Ohio, river  in  the  man- 
ner before  mentioned,  and  thereafter  in  lieu  of  the  said  five  per  cent, 
shall  pay  them  their  ratable  share  of  the  profits  of  the  company. 


CANAL   AND   NAVIGATION    COMPANIES.  73 

"7.    The  stockholders  in  the  Virginia  canal  company  shall  enjoy  Rights  of  stock- 
equal  rights,  except  as  provided  in  the  next  preceding  section. 

"8.    The  tolls  on  the  line  shall  be  regulated  by  the  Board  of  pub-  nniv  tolls  to  be 
lie  works,  or  such  other  authority  as  the  general  assembly  may  sub- 
stitute for  the  control  and  superintendence  of  the  public  works  of 
Virginia:  provided,  that  during  the  construction  of  the  work  die  Proviso  as  to 

tolls  shall  not  exceed  two  and  a  half  cents  per  ton  per  mile,  nor  be 
less  than  one  cent  per  ton  per  mile  on  merchandise  and  manufac- 
tures;  shall  not  exceed  one  and  a  half  cents  per  ton  per  mile,  nor 
be  less  than  five  mills  per  ton  per  mile  on  agricultural  products; 
shall  not  exceed  one  cent  per  ton  per  mile,  nor  be  less  than  two  and 
a  half  mills  per  ton  per  mile  on  products  of  mines  and  forests ;  and, 
after  the  completion  of  the  improvement  to  the  Ohio  river,  shall  not 
exceed  two  eents  per  ton  per  mile,  nor  be  less  than  live  mills  per  ton 
per  mile  en  merchandise  and  manufactures;  shall  not  exceed  one 
cent  per  ton  per  mile,  nor  be  less  than  two  and  a  half  mills  per  ton 
per  mile  on  agricultural  products;  and  shall  not  exceed  five  mills 
per  ton  per  mile,  nor  be  less  than  two  and  a  half  mills  per  ton  per 
mile  on  products  of  mines  and  forests:  provided,  that  these  rates 
shall  apply  to  the  through  rates,  but  the  tolls  on  the  way  trade  may 
be  increased  one-third:  and  provided  further,  that  the  toll  may  be  How  tolls 
brought  below  the  minimum  rate  on  any  article,  by  the  said  board  or  minimum  rate 
other  authority,  with  the  consent  of  the  Virginia  canal  company. 

"9.   The  board  for  the  management  of  the  company  shall  consist  Manapom.nt  ..f 
of  a  president  and  seven  directors,  with  the  privilege  to  the  company 
to  increase  the  number  of  directors  to  twelve;  two  of  the  directors  President  and 
shall  he  appointed  by  the  state  of  Virginia  in  such  manner  as  she  appoint 
may  by  law  provide;  the  other  directors  shall  be  appointed  by  the 
stockholders,  and  the  president  shall  also  be  appointed  by  the  stock-  How  pn 
holders,  but  his  appointment  shall  be  subject  to  the  approval  of  the 
State  in  such  manner  as  she  may  by  law  provide. 

"10.   The  office  of  the  new  company  shall  be  at  Richmond,  Vir-  Office  at  Ridi 
ginia,  bui  a  branch  may  be  located  at  Paris;  the  dividends  and  other  on 

dues  to  the  American  stockholders  shall  be  paid  at  the  office  in  Rich- 
mond. Rut  the  dividends  and  dues  of  the  other  stockholders  may 
he  paid  in    1'aris  or  elsewhere,  at  the   pleasure  of  the  DOW  company. 

"II.   A  majority  of  the  directors  shall  always  be  present  to  eon-  who  to  i 
stunt.-  a  board.    The  prooeedingi  of  the  hoard  shall  be  reoorded  in  p*Jc*edE«iuj 
the  EngUsh  language,  at  the  office  in  Richmond,  and  be  at  all  times  BnS£bd*dta 
•  ►pen  to  the  inspection  of  the  stockholders,  and  the  state,  by  such 

Offioei  as  she  may  appoint. 

'■  13,    The  said    Virginia  canal  company  shall   be  Organised  within  Wh—ooan—y 

hix  nioiiihs  from  ih«  p  the  act  of  the  legislature  incorporating 


74  CANAL   AND   NAVIGATION    COMPANIES. 

to  eon*  it.  and  within  tin-  same  time  shall  oommenoe  bona  fide  the  work  of 
Som*4*™*  construction  at  Buchanan  and  on  the  Kanawha  river,  and  shall  also 
within  the  same  time  commence  bona  fide  the  repairs  of  the  line 
when  to  Mm-  between  Richmond  and  Buchanan;  and  shall  complete  the  oonetroo- 
pktofmproTfr  ti()i)  ()f  f]i|i  ]i)](i  t(i  (-uvin;,tnn  :ill,i  ,iu,  repain  of  the  line  from  Rich- 
mond to  Buchanan,  within  three  yean  from  the  time  of  commence- 
ment aforesaid,  and  complete  the  Kanawha  improvement  from  Loup 
creek  shoals  to  the  month  of  the  river  within  four  years  from  the 
time  of  commencement  aforesaid;  and  shall  complete  die  entire  line 
from  Richmond  to  the  month  of  the  Kanawha  river,  in  all  respects, 
except  the  enlargement  of  the  capacity  of  the  canal  from  Richmond  • 
to  Buchanan,  within  eight  years  from  the  time  of  commencement 
aforesaid;  and  shall  complete  the  enlargement  of  the  capacity  of  the 
Richmond  dock  and  Tide  water  connection,  as  well  as  the  enlarge- 
ment of  the  capacity  of  the  canal  from-  Richmond  to  Buchanan,  by 
deepening  the  canal,  as  herein  above  provided,  within  ten  years  from 
the  said  time  of  commencement. 

Ho  power  to  "13.   The  said  company  shall  not  have  the  power  by  mortgage, 

D^a^wfthout   deed  of  trust,  or  other  contract,  to  create  a  lien  upon  its  works  and 

".l, '■""   property,  except  that  herein  after  created  iii  favor  of  the  oommon- 

Wealth  of  Virginia,  and  shall  not  be  competent  to  Bell  the  same  with- 
out the  assent  of  the  general  assembly  of  Virginia. 

Semi-annual  "14.    The  said  company  shall,   in  consideration   of  the   transfer 

tSotreeiiSJ0  :if"nsaia  h7  ,,H'  Btate  of  Virginia  of  all  her  rights  as  a  stockholder  in 
the  .lames  river  and  Kanawha  company,  pay  into  the  treasury  of  the 
state,  semi-annually  forever,  the  sum  of  sixty-seven  thousand  five 
one  minion  of  hundred  dollars;  and  as  a  guarantee  for  the  faithful  compliance  witli 
Se?oBttedb8  the  stipulations  of  this  agreement,  they  shall  deposit  with  the  trea- 
surer of  Virginia  the  sum  of  one  million  of  dollars  in  the  six  per 
cent,  registered  stock  of  the  commonwealth  of  Virginia,  to  he  held 
by  him  upon  the  following  terms  and  conditions,  that  is  to  say:  The 

interest  upon  the  said   stock,  while  on   deposit,   shall   he   paid   to  the 
When  deposit  to  said  company.     When  the  canal  shall   have  been   completed   to  the 

rawStcraoi^town  of  Covington,  and  the  Kanawha  improvement  completed  from 

tions  Loup  creek  shoals  to  the  mouth  of  the  river,  if  within  the  times  pre- 

BOribed,  one-half  of  the  said  sum  shall  he  returned  to  the  said  com- 
pany; and  When  the  entire  line  shall  have  been  completed  in  the 
manner  before  mentioned  to  the  Ohio  river,  if  within  the  time  pre- 
scribed, the  other  half  shall  be  returned  to  the  said  company:  pro- 
vided the  annuity  to  the  state  of  Virginia,  and  the  live  per  centum 
interest  to  the  private  stockholders,  herein  before  provided  for,  shall 
have  been  punctually  paid;  and  if  the  same  shall  not  have  been 
punctually  paid,  then  so  much  of  the  said  sum  of  one  million  of 
dollars  as  may  be  necessary  shall  be  appropriated  to  the  payment 
of  the  same,  and  the  residue  returned  to  the  said  M.  de  Bellot  des 
Minieres  and  his  associates,  or  to  the  Virginia  canal  company,  as 


(ANAL   AND   NAVIGATION    COMPANIES.  75 

maybe  proper;  but  if  the  said  oompany  shall  fail  to  complete  the  when  deposit  to 
construction  of  the  line  to  Covington,  and  the  repairs  of  the  line  ,; 
from  Richmond  to  Buchanan,  within  three  years  from  the  time  of 
the  commencement  herein  prescribed,  or  shall  fail  to  complete  the 

Kanawha  improvement  from  Loop  creek  shoals  to  flic  month  of  the 
river  within  four  years  from  the  time  of  commencement  herein  pre- 
serihod,  or  shall  fail  to  complete  the  entire  line  from  Richmond  to 
the  mouth  of  Kanawha  river,  in  all  respects,  except  the  enlargement 
of  the  capacity  of  the  canal  from  Richmond  to  Buchanan,  within 
eight  years  from  the  time  of  commencement  herein  prescribed,  or 
shall  fail  to  complete  the  enlargement  of  the  Richmond  dock  and 
Tide  water  connection,  as  well  as  the  deepening  of  the  canal  To  Bu- 
chanan, within  ten  yean  from  the  time  of  commencement*  herein 
prescribed,  the  said  sum  of  one  million  of  dollars  shall  he  retained 
and  paid  to  the  commonwealth  of  Virginia  as  stipulated  damages  in 
money  for  such  failure:  and  all  the  work  which  may  have  been  done  What,  if  com- 
in  repair  and  construction,  as  well  as  all  the  rights  which  the  said  p™^ith Mb0"* 
Virginia  canal  company  shall  have  acquired  in  the  property  and  c"n,rart 
franchises  of  the  .lames  river  and  Kanawha  company,  shall  he  for- 
feited, and  revert  to  the  latter  company  as  at  present  organized, 
which  company  shall  he  thereupon  reinstated  in  all  its  rights,  as  if 
this  arrangement  had  never  heen  made,  and  shall  have  full  right  and 
authority  to  re-enter  upon  and  resume  the  control  of  the  whole  line 
of  improvement  :  and  for  that  purpose,  the  present  organization  of 
the  .lames  river  and  Kanawha  company  shall  he  continued  :  provided,  what  to  be  paid 
however,  that  if  the  said  Virginia  canal  company  shall  he  unable  to  [i'^,,'  X,'"M""  "r 
Complete  the  said  water  line  improvement  from  Richmond  to  the 
Ohio  river  within  eight  years  as  aforesaid,  or  to  complete  the  enlarge- 
ment of  the  Richmond  dock  and  Tide  Mater  connection,  and  deepen- 
ing of  the  canal  from  Richmond  to  Buchanan,  within  ten  years  as 
aforesaid,  they  may  have  two  years'  extension  of  time  in  each  ( 
by  paying  into  the  treasury  of  the  commonwealth  of  Virginia,  for 
the  said  commonwealth,  before  the  expiration  of  the  said  period  of 
eight  years,  a  half  million  of  dollars,  if  they  require  the  extension  of 
time  for  the  completion  of  the  water  line  as  Veil  as  for  the  said  en- 
largement; or  by  bo  paying  one  hundred  thousand  dollars  before  the 
expiration  of  ten  years,  if  they  require  the  extension  of  time  onlj 
to  die  enlargement  aforesaid;  which  said  sums  are  agreed  apon  ai 
liquidated  damages  to  he  paid  to  the  said  commonwealth  in  the  con- 
ting'  '  t  -aid.  for  the  [ou  sustained  by  such  delay  or  delays  in 

the  completion  of  the  said  WOTkfl  BS  hi  rein   r>  quired:   provided,  how-  Power  of  na- 

erer,  thai  it  the  said  Virginia  canal  oompany  .-hall  have  p.  .  ,;i',r,,y 

od  faith  tO   execute  the   said   Works,  then   the   genera]   BJsembl]  |,,nir" 

naj  luapend  the  said  forfeiture,  and  allow  to  the  said  oompanj  raofa 

further  tune  a-  to  it  m.u  M  em   jost  and  proper,  (<•  complete  the  said 

works. 

"15.    The  raid    BeOot   del   Sfhlieres,  r.rothcrs  and  Company  -hall  Bonds  iuurd  by 


76  CANAL    AND    NAVIGATION    CoMPANIKS. 

■wtofiaoofbt  i i:i\  to  ill'-  oommonwi  ;tlih  of  Virginia  so  much  of  the  three  hundred 
thousand  dollars  of  state  bonds  appropriated  bj  the  ad  of  the  genera] 

"^V  Milily  of  Virginia,  passed  Marefa  twenty-third,  eighteen  bandied 

and  sixty,  for  the  improvement  of  the  Kanawha  river,  as  shall  have 
been  issued  and  sold,  and  expended  bona  fide  on  the  improvement) 
when  they  shall  Income  entitled  to  tlie  property  and  revenues  of  the 
James  river  and  Kanawha  company;  and  anon  payment  thereof,  the 
said  commonwealth  shall  release  the  mortgage  given  by  the  said 
James  ri\cr  and  Kanawha  company  on  the  said  Kanawha  improve- 
ment bO  secure  the  payment  of  the  said  In  (lids. 

WheaJamei  "ll!.     AJ  SOOB  us  the  said  M.  de  Hellot  des   Minions  and   his  asso- 

iiawha  oompany  OiateS  shall   have  heeti   regularly  incorporated  BOeording  to  the  laws 

!)°roCp"nyyi.i,,s.i:.  (,f  France  and  Virginia,  and  satisfactory  authentication  of  thai  Gaol 

Virginia  canal     communicated    to   the   president    of  the  dames   river   and    Kanawha 
oompany  1 

oompany  and  the  Board  of  public  works,  and  shall  have  deposited 
with  the  treasurer  of  Virginia  one  million  of  dollars  in  the  six  per 
cent,  registered  stock  of  the  commonwealth,  and  shall  have  deposited 
in  one  or  more  of  the  banks  of  the  city  of  Riohmond,  to  the  credit  of 

the  president  and  directors  of  the  James  river  and  Kanawha  com- 
pany, for  the  purpose  of  paying  the  Bloating  debt  of  the  company,  the 
sum  of  four  hundred  thousand  dollar-,  to  be  applied  to  the  payment 
of  the  Baid  floating  debt  as  far  as  necessary,  and  the  balance,  if  any. 
to  be  returned  to  them;  and  shall  also  pay  into  the  treasury  of  Vir- 
ginia the  amount  agreed  to  be  paid  by  them  under  the  next  preceding 
section — then  the  James  river  and  Kanawha  company  shall  by  pro- 
per deeds  convey  its  entire  property  of  every  kind,  to  the  said  Vir- 
ginia canal  company,  subject  to  the  charges  before  mentioned  in 

favor  of  the   present    private   stockholders  and   the  commonwealth  of 

Virginia,  and  subject  to  any  present  subsisting  contracts  for  the  use 

of  the  water  of  the  canal,  and  subject  in  all  the  provisions  of  this 
agreement  :  And  until  this  conv  eyanee  shall  he  made,  the  dames  river 
and  Kanawha  company  shall  manage  the  said  property,  effects  and 
revenues  under  the  existing  laws,  the  said  M.  de  I'.ellnl  des  Minieres 
and  his  associates  furnishing  all  the  means  and  monev  that  may  be 
neces.-ary  to  carry  on  the  business  of  the  company,  complete  Bosher'S 
dam.  the  Joshua  falls  dam,  the  dam  at  Lvnohburg,  and  the  North 
river   improvement,  and  keeping  the  canal   in   proper  repair — they 

receiving  credit  for  all  the  revenues  of  the  oompany.    Bnt  the  pre* 

sideiit  and  directors  of  the  present  company  shall  have  no  power  or 

authority  to  charge  the  property  of  the  oompany  with  any  debt,  ex- 
cept for  the  purpose  of  keeping  the  line  in  proper  repair  and  working 

condition,  and  completing  the  dams  and  North  river  improvement. 
as  herein  before  mentioned. 

How  Virginia  "  17.  The  said  Virginia  canal  company  may  at  any  time  discharge 
may  discharge  itself  from  the  annuity  to  the  state  of  Virginia,  by  the  payment  into 
uunuity01"         the  treasury  of  Virginia  of  the  sum  of  two  millions  two  hundred  and 


'  CANAL   AND    NAVIGATION    COMPANIES.  77 

fifty  thousand  dollars  in  specie,  hut  until  the  same  shall  he  paid  the 
annuity  of  one  hundred  and  thirty-five  thousand  dollars  to  the  com- 
monwealth shall  he  forever  a  charge  upon  the  whole  property  of  the 
company,  and  the  legislature  may  provide  hy  law  in  what  manner 
the  payment  of  the  said  annuity  shall  be  enforced. 

"18.    The  European   parties  and   stockholders   may.  as   between  As  to  European 
themselves,    determine    what    their    relative    rights    and  obligations 

shall  he. 

"IP.  The  Stockholders  in  the  Virginia  canal  company  shall  be  re-  On<  general 
quired  by  their  charter  to  held  at  hast  one  general  meeting  every  ally  in  Rich- 
year  in  the  city  of  Richmond. 

"20.  When  this  agreement  shall  be  approved  by  the  general  as-  when  agrce- 
aembly  and  a  charter  shall  be  granted  as  provided  in  the  first,  and"" 
second  sections  thereof,  the  said  agreement  shall  be  binding  upon  all 
the  parties  thereto,  without  any  further  action  on  the  part  of  the 
stockholders  or  directors  of  the  James  river  and  Kanawha  company; 
ami  the  said  .fames  river  and  Kanawha  company  hinds  Itself  to  use 
its  hest  efforts  to  obtain  at  the  earliest  day  possible,  the  approval  of 
tliis  agn  ement  and  of  the  charter  as  provided  lor,  by  the  general 
assembly;  and  in  the  mean  time  the  said  agreement  shall  he  obliga- 
tory upon  the  said  James  river  and  Kanawha  company  to  the  full 
extent  thai  the  said  company  has  the  legal  authority  to  act  without 
the  approval  of  the  general  assembly. 

"And  to  prevent  delay  in  the  commencement  of  the  works  herein  How  delay  pre 
before  contracted  to  be  executed,  the  said  parties  of  the  first  part  meneemeat  of 
shall  be  authorized  to  proceed  forthwith  in  their  said  undertakings:  work8 
and  if  the  genera]  assembly  shall  fail  to  approve  the  said  agreement, 
and  to  grant  said  charter,  then  the  James  river  and  Kanawha  com- 
pany  hinds  itself  to  issue  bonds  under  the  act  of  the  twenty-third 
day  of  March  eighteen  hundred  and  sixty  to  the  said  parties  of  the 
first  part  for  an  amount  equal  to  the  principal  sum  which  may  have 
been  expended  upon  its  works  as  contemplated  in  this  agreement, 
and  the  interest  thereon  from  the  time  when  the  same  shall  have 
been  expended  until  the  repayment  in  bonds  as  aforesaid;  and  the 
■aid  .lames  ri\i  r  ami  Kanawha  company  shall  thereupon  1»'  r>  stored 

to  all   the  rights  conferred  by  its  charter,  as  if  this  contract    had  not 

been  made,  and  the  said  contract  shall  thereafter  be  null  and  void. 

"Iii  testimony  whereof,  the  said  Ern<  \:tostation 

acting  for  himself  and  the  firm  of  Bellot  des  Minieres,  Brother*  .\ 
Company,  hath  hereto  subscribed  bis  name  and  annexed  his  seal,  and 
the  said  Thomas  II.  Ellis,  president  of  the  James  river  and  Ka- 
nawha company,  acting  under  authority  as  afon  said,  hath  subscribed 
his  name  and  caused  the  *  al  of  the  i  ompany  to  be  affixed,  the  day- 
ami  year  Srst  above  written,  at  Richmond,  Virginia. 

I      I        hi   II  "I  M|\||  IBE8.    (Seal.] 

THOU  US  ii    BLUB, 

[Corporate  Seal.]  /'.../.    R,    If  K.   Co." 


78  (ANAL    AND    NAVIGATION    COMPANIES.  W 

And  whereas  the  general  assembly  of  the  commonwealth  of  Vir- 
ginia approve  the  objects  and  views  of  the  contracting  parties!  and 
air  disposed  to  giye  to  their  contract  validity  and  effect,  except  so 
far  as  it  may  be  modified  by  this  act  :  Therefore, 

(     tpany  incorporated;  general  powers }  restrictions  thereon. 
panyineor-        1.     Beit  enacted,   that   when   the   Board  of  public   works  shall  be 

satisfied  that  tin-  minimum  capital  of  twenty  millions  of  dollars  has 
been  raised  as  provided  fur  in  the  next  chapter,  then,  in  compliance 
with  the  first  article  of  said  agreement,  the  persons  constituting  the 
firm  and  style  of  Bellol  des  Minieivs,  Brothers  «.V  Co.  and  Buoh  per- 
sons as  tley  may  admit  into  association  with  them,  together  with  the 
corporate  and  individual  stockholders  of  the  presenl  dames  river  and 
Kanawha  company  (other  than  the  commonwealth  of  Virginia),  and 
Buch  persons  as  may  become  subscribers  to  the  capital  stock  hereafter 

authorized,  and  their  successors  and  assigns,  shall  be  and  are  hereh\ 

Bj  name  of  vir-  incorporated  into  a  company  by  the  name  and  style  of  "  The  Yirgi- 
■rtnia  canal  com-    ■,,,,,  ,,        ■, ',      ,1     .  l  n  1  1 

i,.„iv  ma  Canal  Company,"  and  by  thai  name,  shall  have  perpetual  suc- 

cession and  a  common  seal,  may  BUC  and  lie  sued,  plead  and  he 
impleaded,  purchase  and  hold,  sell  and  convey  real  and  personal 
property;  and  shall  be,  to  every  intent  and  purpose  in  law,  the  suc- 
cessors of  the  presenl  dames  river  ami  Kanawha  company :  provided, 
that  the  corporate  powers  shall  not  take  effect  until  the  minimum 

Limitation  as  to  stock  shall  lie  taken  :  provided,  however,  that  ihey  shall  hold  no  real 
estate,  except  that  which  by  this  act.  or  some  other  act  id'  the  general 
assembly,  may  he  vested  in  them,  or  they  may  he  authorized  to  ac- 
quire tor  the  purpose  of  the  improvements  which  they  are  required 

Restrictions  a*  to  make;  and  that  they  shall  in  no  wise  deal  as  hankers  or  merchants. 
or  in  buying  and  Belling  any  produce  or  commodities  whatsoever. 
except  such  as  it  is  obviously  convenient  ami  proper  for  them  to  pur- 
chase ami  sell  in  the  regular  performance  of  the  duties  required  of 

Astomanufac-  them  by  this  act  ;  and  that  they  shall  not  he  engaged  In  the  estab- 
lishment or  conduct  of  manufactures,  further  than  for  the  supply  of 
their  own  consumption  and  that  of  the  persons  in  their  service,  and 
in  letting  to  farm  or  lease  sites  for  mills  and  other  machinery,  and 

water  lor  their  use. 

By  laws  and  2-    The  stockholders  in  general  meeting  shall  have  power  to  make 

howmade8'  a^  H,U'H  l>v-Iaws,  rules  and  regulations,  not  inconsistent  with  the  con- 
stitution or  laws  of  the  hind,  as  they  may  deem  proper,  for  the  well 
ordering  of  the  affairs  of  the  company;  lor  the  protection  and  pre- 
servation of  their  property,  and  for  the  maintenance  of  good  order 
and  good  police  among  their  officers,  agents,  servants  and  laborers, 
and  among  the  boatmen  and  others  who  nsp  their  canal  and  other 
Works. 

Not  to  subscribe      3.    The  said  company  shall  not  subscribe  to  the  stock  of  any  other 
corapani's  ""'"  company,  unless  it  be  specially  allowed  by  law;  but  this  prohibition 


CANAL   AND   NAVIGATION    COMPANIES.  79 

shall  not  prevent  it  from  receiving  stocks  or  other  property  in  satis- 
faction of  any  judgment,  order  or  decree,  or  as  collateral  security  for 
or  in  payment  of  any  debt,  or  from  purchasing  stoeks  or  other  pro- 
perty at  any  sale  made  for  its  benefit.  If  it  so  receive  shares  of  its 
own  stock,  it  may  either  extinguish  the  same,  or  sell  and  transfer 
snch  shares  to  a  purchaser.  While,  however,  it  holds  such  shares  of 
its  own  stock,  no  vote  shall  he  given  thereon. 

Works  and  properly  not  to  be  encumbered  or  sold. 

4.  The  said  company  shall  not  have  the  power,  by  mortgage,  deed  Restrictions  ai 
of  trust  or  other  contract,  to  create  a  lien  upon  its  works  ami  pro- 
perty, exeept  that  herein  after  created  in  favor  of  the  Commonwealth 

of  Virginia,  and  shall  not  lie  competent  to  sell  the  same  without  the 
assent  of  the  general  assembly  of  Virginia. 

Provision  for  repayment  of  money  expended  on  Kanaicha  improve- 
ment. 

5.  The  Kanawha  river  shall  remain  subject  to  all  the  existing  Kanawha  im 
laws  in  relation  thereto,  and  unaffected  by  this  act,  until  the  com- 
pletion of  the  work  now  under  contract  and  in  progress  upon  said  river: 
provided  such  work  shall  be  completed  before  the  first  day  of  January 
eighteen  hundred  and  sixty-three;  but  when  the  said  Virginia  canal 
company  shall  be  rally  organized  and  vested  with  the  control  of  the  re- 
sidue of  the  line  other  than  the  Kanawha  river,  the  term  of  office  of  the 

pre&  ol  members  of  the  Kanawha  board  shall  expire,  and  members  of  How  directors 
said  board  shall  be  appointed,  two  by  the  Virginia  canal  company,  and  ',,,p"" 
three  by  the  Board  of  public  works,  whose  term  of  office  shall  be  the 

same  as  now  prew  ribed  by  law,  all  of  whom  shall  be  citizens  of  the 
State,  and  residents  of  the  Kanawha  valley;  and  the  present   mem- 
bers of  the  Kanawha  board  may  be  reappointed  as  members  of  the 
new  board,  ami  sneh  new  Kanawha  board  shall  have   control  of  the  How  long  to 
Kanawha  river  until  the  payment  by  the  Virginia   canal   company  Of  control* 

the  money  herein  alter  provided  to  be  paid  on  aooounl  of  the  Ka- 
nawha riVCT.  Immediately  alter  the  completion  of  the  work  now  in 
progress  on  the  Kanawha  river,  or  on  the  first  day  of  January  eigh- 
teen hundred  and  sixty-three,  if  such  work  shall  not  be  completed 

before  thai    time,  the   said  Virginia   canal   company  shall   pay  to  the 

commonwealth  of  Virginia  so  much  of  the  appropriation  of  March 
twenty-third,  eighteen  hundred  and  sixty,  for  the  improvement  of 

the  Kanawha  ri\er.  a.«  may  have  been  bona  fide  expended  in  the  COO- 

struction  of  said  improvement ;  and  upon  payment  of  said  amount,  when  vbgMa 
id  Virginia  canal  company,  bj  the  operation  oi  this  act  ami: 

the  conveyance  herein  after  authorized,  shall  be  invested  with  all  th( 

r   iiri'l 

rights,  powers,  franchise!,  and  privileges  "f  tie-  James  river  ami  Ka-  K 

t,:i,iy 
nawha  company,  in  and  to  said  Kanawha  river;  ami  apon  snob  p 

incut,  the  said   commonwealth   shall   release  the  mortgage  given  b] 

!•■  1<  .1-   '1 


so 


CANAL   AND   NAVIGATION   COMPANIES. 


the  raid  Jamea  river  and  Kanawha  company  on  the  said  Kanawha 
improvement,  to  secure  the  payment  of  tin-  said  bonds.  Such  release 
shall  be  executed  by  the  Board  of  public  works  as  soon  as  satisfac- 
tory evidence  is  submitted  bo  them  of  the  payment  aforesaid. 


Transfer  of  works  by  James  river  and  Kanawha  company  ;  precedent 
conditions. 


I'r. . ,  dent  con- 
ditions of  con- 
veyance 


When  convey- 
ance to  be  made 


6.  "When  the  Board  of  public  works  shall  he  satisfied  that  the 
minimum  capital  as  provided  in  the  next  chapter,  lias  been  raised  as 
therein  required,  and  the  said  M.  de  Bellbt  dea  ftiinierea  and  liis  as- 
sociates shall  have  deposited  with  the  treasurer  of  the  state  of  Vir- 
ginia, in  the  manner  prescribed  by  law,  one  million  of  dollars  in  the 
six  per  cent,  registered  Btockof  the  commonwealth,  and  shall  have 
deposited  in  one  or  more  of  the  hanks  of  the  city  of  Richmond,  to 
the  credit  of  the  president  and  directors  of  the  James  river  and  Ka- 
nawha company,  for  the  purpose  of  paying  the  floating  debt  of  that 
company,  the  sum  of  four  hundred  thousand  dollars,  to  be  applied  to 
the  payment  of  the  said  floating  debt  as  far  as  necessary,  and  the 
balance,  if  any,  to  be  returned  to  the  said  M.  de  Belief,  des  Minieres 
and  his  associates,  and  satisfactory  evidence  of  the  performance  of 
said  conditions  shall  have  been  furnished  the  Board  of  public  works, 
then  the  said  James  river  and  Kanawha  company  shall,  by  proper 
deeds,  convey  its  entire  property,  privileges  and  franchises  of  every 
kind  to  the  said  Virginia  canal  company,  subject  to  the  provisions 
and  requirements  of  the  fifth  section  of  this  chapter,  and  to  the  con- 
ditions hereafter  required  in  this  act,  and  also  to  any  present  sub- 
sisting contracts  for  the  use  of  the  water  of  the  canal,  or  for  any 
other  purpose. 


Suits  depending  :  how  proceeded  with. 

Pending  suits  7.  All  causes  and  matters  which  shall  be  depending  and  undeter- 
mined in  any  court  in  this  commonwealth,  in  which  the  James  river 
and  Kanawha  company  are  or  may  be  parties,  plaintiff  or  defendant, 
on  the  day  when  the  said  transfer  is  made,  shall  be  proceeded  in, 
tried  and  determined  as  if  the  same  had  been  commenced  by  or 
against  the  said  Virginia  canal  company. 

Transfer  of  rights  of  state  of  Virginia  and  release  of  its  securities ; 

conditions. 


When  state's 
interest  to  be 
transferred 


When  mort- 


8.  When  the  Board  of  public  works  shall  be  satisfied  that  the  con- 
ditions prescribed  in  the  sixth  section  have;  been  fully  complied  with, 
and  that  the  minimum  capital,  as  provided  for  in  the  next  chapter, 
shall  have  been  raised  as  therein  required,  they  shall  transfer  in  like 
manner  to  the  said  Virginia  canal  company,  all  the  rights  which  the 
state  of  Virginia  has  as  a  stockholder  in  the  James  river  and  Ka- 
nawha company ;  and  shall  furthermore  release  all  mortgages,  deeds 


CANAL  AND   NAVIGATION   COMPANIES.  "  SI 

of  trust  or  other  contracts,  except  the  mortgage  relative  to  the  Ka-  gagea  to  be 
nawha  river,  by  which  any  lien  has  been  created  to  the  common- 
wealth upon  the  works  and  property  of  the  said  James  river  and 
Kanawha  company,  subject  only  to  the  incumbrances,  limitations  and 
restrictions  by  this  act  imposed. 

Rights  of  new  company  after  transfer. 

9.  The  company  hereby  incorporated,  thenceforward  shall  be  en-  Rights  of  new 
titled  to  all  the  tolls,  rents  and  other  emoluments,  rights,  franchises,  l^nltl^ 
privileges  and  immunities,  which  are  now  enjoyed  by  the  said  James 

river  and  Kanawha  company,  subject  to  the  provisions  and  limita- 
tions of  the  fifth  section  of  this  chapter.  And  the  president  and 
directors  of  the  new  company,  their  officers  and  agents,  shall  take 
possession  of  the  property  and  works  transferred  as  aforesaid,  for  the 
bciu  lit  of  the  Virginia  canal  company. 

Annuity  to  the  stale. 

10.  The  said  Virginia  canal  company  shall,  in  consideration  of  Annuity  to  the 
the  transfer  aforesaid,  by  the  state  of  Virginia,  pay  into  the  treasury 

of  the  state,  in  the  mode  prescribed  by  law,  semi-annually  forever, 
the  sum  of  sixty-seven  thousand  five  hundred  dollars.  But  the  said 
company  may  at  any  time  discharge  itself  from  the  said  annuity  by 
the  payment  into  the  said  treasury  of  the  sum  of  two  millions  two 
hundred  and  fifty  thousand  dollars  in  specie  ;  but  until  the  same  shall 
be  paid,  the  said  annuity  shall  be  forever  a  charge  upon  the  whole 
property  and  franchises  of  the  company;  and  the  legislature  may 
provide  by  law  in  what  manuor  the  payment  of  the  said  annuity 
ehall  be  enforced. 

Sum  to  be  paid  to  other  stockholders. 

11.  The  Virginia  canal  company  shall  furthermore  take  the  said  intend  to  ba 
property  so  t<i  be  transferred  to  them,  subject  to  the  payment,  to  the  hoidew**0 
corporate  and  individual  stockholders  mentioned  in  the  second  chap- 
ter, of  five  per  centum  per  annum  on  the  amounts  of  the  <•<  rtificatefl 

of  stock  held  by  eaoh  respectively,  to  be  computed  from  the  date  of 
tin'  organization  of  the  said  Virginia  canal  company,  until  the  water 

line  herein  after  mentioned  shall  be  completed  to  the  <  >1 1 i< »  liver, 

herein  prescribed  ;  and  thereafter,  in  lieu  of  the  said  five  per  cent..  Whaa  •■ofOK- 
shall  pay  to  the  said  stockholders  their  ratable  share  «.f  the  profits  of 

the  oompany.  And  for  failure  to  perform  tlii--  provision,  the  com- 
pany maj  l>e  proceeded  against  as  provided  hereafter  in  the  ieveatii 

chapter. 


82 


<    WW.    AMI     NAVIGATION    i'mMPAMIN. 


II. — Of  TIM:  CAPITAL  M  .  m  k  :  BOW  BTOOK  5UBS0RIBBD  \M>  PAID 
Fou;  REMEDY  \<.\i\.-r  DEUHQUXN1  BTOCKHOUWB8  \  TKANS- 
ri  us   AND   ISSUES  OF   CERTIFICATES   0*    -LOCK. 

Capital. 

capitid  nock  1.  The  capital  stock  of  the  V irginia  eanal  company  shall  nol  ho 
less  than  twenty  millions  nor  more  than  thirty-five  millions  of  dol- 
larBi  to  be  divided  into  shares  of  one  hundred  dollars  each,  except  as 
herein  after  provided.    The  minimum  capital  shall  be  provided  in 

the  following  manner: 

Minimum  capital,  of  what  composed,  and  how  provided. 


Of  wh;ii  com- 
posed 


How  itoek  iu 
b«  renewed 


Proportion 


2.  It  shall  consist  of  fifty-two  thousand  shares  of  one  hundred  dol- 
lars each,  the  estimated  value  of  the  interest  of  the  state  of  Virginia  in 
the  James  river  and  Kanawha  company,  which  shall  be  the  property 
of  the  Virginia  canal  company:  ten  thousand  shares  of  one  hundred 
dollars  each,  the  interest  of  the  private  stockholders;  and  not  ex- 
ceeding seven  thousand  shares  of  the  same  value,  on  account  of  the 
payments,  by  Bellot  des  Minieres,  Brothers  and  Company,  towards 
the  floating  debt  of  the  Janus  river  and  Kanawha  company,  and  for 
money  expended  in  the  improvement  of  the  Kanawha  river,  which 
shall  be  the  property  of  the  said  Bellot  des  Minieres,  .Brothers  and 
Company,  and  other  stock  which  may  be  hereafter  subscribed  for, 
sufficient  to  make  up,  with  the  foregoing,  the  sum  of  twenty  millions 
of  dollars. 

3.  The  certificates  of  stock  now  held  by  individuals  or  corpora- 
tions, shall  be  delivered  up  by  said  individuals  or  corporations  to 
said  Virginia  canal  company,  and  shall  be  canceled,  and  in  lieu 
thereof,  certificates  of  the  stock  of  said  Virginia  canal  company  shall 
be  issued  to  said  individuals  and  corporations,  at  the  rate  of  one  share 
for  every  two  shares  held  by  each,  at  the  par  value  of  one  hundred 
dollars  each.  And  when  any  such  corporate  or  individual  stock- 
holder shall  hold  a  number  of  shares  which  cannot  be  divided  without 
a  fractional  part  of  a  share,  the  said  corporation  or  individual,  and 
their  successors  or  personal  representatives,  shall  be  entitled  to  tho 
same  provision  therefor  as  is  hereafter  made  for  individual  stock- 
holders who  have  but  one  share  of  stock. 


vf bat,  when  4.    In  the  case  of  individuals  holding  one  share  of  said  stock  only, 

me  sbarc  i>  held  th(,  sai(1  sh.m.  s]l.ll,  ,)(l  (i,.livered  Up  to  said  Virginia  canal  company 
and  be  canceled,  and  in  lieu  thereof,  a  special  certificate  of  .said  com- 
pany shall  be  issued,  specifying  that  the  said  individual  or  his  assigns 
is  entitled  to  one-half  of  one  share  of  the  capital  stock  of  said  com- 
pany :  or  the  said  Virginia  canal  company  may  purchase  said  half 
share  in  each  case. 


CANAL   AND    NAVIGATION    COMPANIES.  S3 

5.    The  said  several  component  parts  of  stock  heretofore  subscribed  Whai  to  const!- 
for,  and  herein  before  specified,  being  estimated  to  amount  in  the  minimum 

aggregate  to  a  sum  not  exceeding  six  millions  nine  hundred  thousand  <:ipit 

dollars,  shall  constitute  a  part  of  the  said  minimum  capital.     The 

residue  thereof   shall  be  raised  by  subscriptions,  of  which  the  said 

Bellot  des  Minieres,  Brothers  and  Company  may   take   am    part  or 

die  Whole;   ami  if  they  shall  not  take  the  whole,  the.  president   and  How  books  of 

directors   of   the  James   river   and    Kanawha  company   are   hereby  opened^  °n 

authorized  to  appoint  commissioners  at  such  places  in   France,  or  in 

this  state,  or  elsewhere)  and  at  such  times  as  they  may  deem  proper, 
for  opening  books  therefor,  and  receiving  subscriptions  For  so  much 
as  shall  not  have  been  so  taken,  in  shares  of  one  hundred  dollars 
each:  the  amount  to  be  paid  by  the  subscribers  in  installments,  or  at 
une  time,  according  to  the  terms  of  subscription  prescribed  by  said 
president  and  directors. 


6.    When  subscriptions,  which,  with  the  stock  herein  before  pro-  wh 


nil  minimum 


vided  for,  shall  have  been  obtained  to  the  amount  of  twenty  millions  fa^h 

of  dollars,  and  at  least  one-seventh  of  said  subscriptions  shall  have  «',"i"V(1 
been   paid  to  the  authorized  agents  of  the  said  president  and  direc- 
tors, they  shall  certify  and  establish  the  fact  to  the  satisfaction  of  the 
Board  of  public  works:   and  shall  moreover  satisfy  said  board  that 
the  subscribers  are  solvent   and  able  to  pay  the  residue,  or  that  the 
same  has  heen  properly  secured  ;  and  thereupon,  the  said  board  shall  Dnty  of  Board 
declare  and  so  enter  upon  their  records,  that  the  minimum  capital  °f  IU,1'I,C 
aforesaid  has  been  provided  as  required  by  law. 

Maximum  capital;    how  provided. 

7.    Tf  the  said  company  shall  deem  it  necessary  to  increase  their  how  o*»Mal 

capita]  t<>  the  maximum  amount  of  thirty-five  millions  of  dollars,  or  "eased 

10  an\  amount  between  the  minimum  and  maximum  capital,  they 
shall  be  authorized  to  raise  the  amount  by  subscription  in  such 
manner  as  they  may  deem  expedient  and  provide  by  their  b\  -laWB. 

11  Block  transferred,  when  $tOckkoldcT$  rrfusr  or   fait  A.  / ransfrr  it. 

in  oase  any  stockholder  of  the  said  .lame-  river  and  Kanawha  b*w  ..tor* 

company  thai]  be  in>  apa<  itatc  d  by  any  cause  from  receiving,  or  shall 

refuse  or  tail  to  reo  Ive  die  certificate  of  stock  to  which  he  shall  bo 

entitled,  for  twelve  months  from  ti rganization  of  tin-  Virginia 

eanal  company,  the  stock  standing  in  his  Dame  on  the  books  of  said  j 

I  river   and    Kanawha    company  shall    be    transferred    by   -  |    I  umSta 

company  to  the  commonwealth  of  Virginia,  as  trustee  for  saU 
holder,  and  the  certificate  of  msferred  shall  be  delivered 

up  by  the   1',,  ard  of  public  work"  to   said   \  nal   company 

ami  be  eanci  led.  and  a  new  certificate  of  stood  shall  bo  itaned  by 

said  '\  '  anal   company  to  the  comiininwcalth  of  Virginia,  as 


84  CANAL    AND    NAVIGATION    COMPANIES. 

trust,  i-  for  - ai.l  stockholder,  and  the  same  shall  be  held  by  tin-  Board 

of  public  works  in  trust  fox  the  me  and  benefit  of  Bald  stockholder, 
to  be  transferred  by  said  board  ti>  said  Btookholder,  or  his  persona] 
if  not  applied  representative,  whenever  he  shall  demand  the  same;  but  if  it  be  not 
bow  applied^  demanded  within  five  yean  Gram  the  i«mrng  of  said  certificate  to  the 
commonwealth,  the  same  shall  constitute  a  pari  of  the  Sinking  fond 
of  the  commonwealth  of  Virginia,  and  may  lie  sold,  and  the  proceeds 
applied,  or  the  profits  therefrom  may  lie  applied  to  the  redemption  of 
the  public  debt :  provided,  that  stock  so  held  by  the  state  shall  not 
be  represented  in  the  meetings  of  the  stockholders  of  the  company. 

Slock ;  how  verified ;  shares  personal  estate. 

Stock  personal  9.  The  paid  Virginia  canal  company  shall  keep  a  regular  roll  of 
their  stockholders,  and  shall  furnish  to  each,  one  or  more  certificates 
of  his  Btook,  as  may  he  required,  verified  by  the  seal  of  the  corpora- 
tion and  the  signature  of  the  president.  The  stock  shall  he  deemed 
personal  estate,  and  as  such  shall  pass  to  the  personal  representative 
or  assignee  of  a  stockholder. 

Governments  not  permitted  to  be  stockholders. 

Government*  10-  No  government  of  any  state  or  country,  other  than  the  goveru- 

be^oTkhoideVs0  ment  °*  tne  state  °f  Virginia,  shall  become  subscribers  to  the  stock 

of  said  company,  nor  shall  any  stockholder  at  any  time  assign  or 

transfer  hi*  stock  to  any  such  government ;  and  such  subscription  or 

assignment,  if  made,  shall  he  void. 

Transfers  of  stock  in  foreign  office  to  be  certified. 

Transfers  of  11.    Any  transfers  of  stock  which  may  be  made  in  the  foreign 

officio borcc^  office  hereby  authorized  to  he  opened  in  Paris,  shall  he  certified  by 
tifie<1  the  officer  in  charge  of  that  office,  at  the  end  of  every  three  months, 

to  the  company's  office  in  Richmond,  there  to  he  transferred  and  re- 
corded in  the  general  transfer  books  of  said  company. 

Foreigners  to  be  subject  to  tribunals  of  Virginia  only. 

Foreigners  to  bo  12.  All  citizens  or  subjects  of  any  foreign  state  or  country  who 
nalSof  Vfrgtata  are  or  maJ'  DC  hereafter  interested  in  the  stock,  property  or  franchises 
of  the  Virginia  canal  company,  shall  accept  and  hold  the  same  sub- 
ject to  the  distinct  stipulation  that  all  questions  arising  under  the 
legislation  of  Virginia  in  regard  thereto,  shall  be  submitted  to  the 
exclusive  and  final  jurisdiction  of  the  tribunals  of  Virginia,  expressly 
renouncing  and  disclaiming  all  right  to  the  intervention  of  the  go- 
vernments to  which  they  may  be  suhject,  in  any  manner  whatever. 
But  controversies  arising  between  persons  residing  out  of  the  com- 
monwealth of  Virginia,  in  relation  to  any  interests  they  may  have  or 
claim  in  said  company,  or  the  property  or  stock  thereof,  shall  not  be 
embraced  in  the  provisions  of  this  section. 


CANAL  AND   NAVIGATION    COMPANIES.  85 


III. — Meetings  of  stockholders;  votes  ra  meetings;  presi- 
dent AND  DIRECTORS;  THEIR  APPOINTMENT;  GENERAL  POWERS 
AND  DUTIES;  OFFICES  OP  COMPANY ;  APPOINTMENT  OF  OFFICERS 
AND  AGENTS,  AND  HOW  THEIR  DUTIES  AND  COMPENSATION  ARE 
PRESCRIBED. 

General  Hireling  of  stockholders,  how  convened. 

1.  As  poor  as  it  shall  be  ascertained,  as  herein  before  provided,  How  meeting  of 
that  the  minimum  amount  of  capital  has  been  raised,  and  after  the  convened6" 
conditions  precedent  herein  before  set  forth  shall  have  been  per- 
formed, the  president  and  directors  of  the  James  river  and  Kanawha 
company  shall  give  notice  thereof,  by  publication  in  a  newspaper  in 
the  city  of  Richmond,  for  not  less  than  two  weeks,  and  call  a  general 
meeting  of  the  stockholders,  to  meet  at  a  certain  place  in  the  city  of 
Richmond,  not  less  than  fourteen  nor  more  than  thirty  days  from  the 
firsl  day  of  such  publication.      The  stockholders,  their  executors,  ad-  When  incorpo- 
ministrators  or  assigns,   shall  stand  incorporated   from   the  time  of,ncuco 
such  meeting,  unless  in  the  said  meeting  it  he  determined  otherwise. 
If.  on  the  day  appointed  for  this  or  any  general  meeting,  a  sufficient 
numher  of  stockholders  do  not  attend  to  constitute  a  general  meeting, 
those  present  may  adjourn  from  time  to  time  till  a  sufficient  number 
shall  attend. 


2.  Annual  meetings  of  the  stockholders  shall  thereafter  he  held  when  annual 

on  such  day  as  they  may  in  general  meeting  from  time  to  time  ap-™Leidin{ 
point,  and  at  such  place  as  shall  he  lived  from  time  to  time  hy  the 
hoard  of  directors,  of  which  notice  shall  he  published  for  two  weeks 
in  some  newspaper  printed  in  the  city  of  Richmond;  and  there  shall 
he  at  least  one  general  meeting  every  year  in  the  said  city  of  Rich- 
mond, nt  such  time  as  the  by-laws  of  the  said  company  shall  pre- 
icribe. 

3.  A  general   meeting  of  stockholders  may  he  held  at  any  time,  Called  mi 

upon  the  call  of  the  hoard  of  directors,  or  of  stockholders  holding  to- 
gether one-twentieth  of  the  capital  stock,  upon  their  giving  notice  of 

the  time  and  place  tor  such  meeting  for  thirty  days  in  a  newspaper 
published  in  or  near  the  place  at  which  the  last  annual  meeting  was 
held. 

Meetingi  koto  constituted;  proxies,  when  appointed. 

4.  To  constitute  s  general  meeting,  there  musl  he  present,  either  Meetings,  how 
in  person  or  by  proxy,  a  number  of  stockholders  havings  right  to 

give  a  majority  of  nil  the  votes  which  oould  ho  given  at  a  meeting  of 
nil  the  stockholders,  exclusive  of  the  fifty-two  thousand  sh.-in-s  before 

mentioned,  or  am   portion  thereof,  while  owned  hy  the  Virginia  canal 

company.    And  where  the  stookhold<  r  desires  to  he  repr<  sented  by 


SG 


CANAL   AND    NAVIGATION    COMPANIES. 


prosy,  such  proxy  moil  be  appointed  within  fifteen  months  of  nab 
general  meeting,    such  meeting  may  adjourn  From  time  to  time  until 

ii>  business  is  completed. 


i 


/'     ted         to  be  kept. 

r>.  The  proceedings  of  the  stockholders  al  all  genera]  meetingi 
shall  be  regnlarly  kept,  be  verified  by  the  signntnre  of  the  presiding 
officer,  :iii<l  oarefoirj  preserved  in  a\ « •  1 1  bound  books;  and  the  namei 
of  all  the  stockholders  present,  whether  in  poison  or  by  proxy,  shall 
be  i  ntered  on  the  minutes. 


Votes  of  stockholders. 

G.  In  any  meeting  of  stockholders,  each  stockholder  may.  in  per- 
son <>r  by  proxy,  give  the  following  vote  on  whatever  Btoek  he  may 
bold  in  the  same  ridit.  to  wit:  one  vote  fur  each  share  of  stock  not 
exceeding  twenty,  and  one  rote  for  every  ten  shares  exceeding 

twenty. 


How.  npou 

Itock  train-- 
tarred  within 
t.:\-  p  dayi 


7.  When  a  vote  is  offered  to  be  given  at  any  meeting,  npon  stock 
transferred  within  sixty  days  before  rack  meeting,  if  any  present  ob- 
ject to  the  vote  it  shall  not  be  counted,  unless  the  stockholder  or  his 

proxy  has  made  or  shall  make  oath  that  the  Btook  on  which  such  vote 
is  to  be  given,  is  held  by  such  stockholder  bona  fide,  and  not  by  vir- 
tue of  a  transfer  made  with  intent  to  give  more  votes  than  is  allowed 
by  the  preceding  section. 


President  ami 


President  dud  hoard  of  directors. 

8.    Thi'  board   for  the  maiumciin  lit   of  the  alfairs  of  the  company 
shall  consist  of  a  president  ami  seven  directors,  with  the  privilege  to 

the  company  to  increase  the  number  of  directors  to  twelve. 


How  appointed  9.  At  the  first  general  meeting  and  at  each  stated  annual  meeting 
thereafter  held  in  Richmond,  the  stockholders  shall  appoint  the  pre- 
sident and  all  of  the  directors  of  the  company,  except  two.  who  shall 
bold  their  offices  for  one  year,  and  thereafter  until  their  successors 
Khali  be  appointed,  unless  sooner  removed  by  the  stockholders  in  ge- 
neral meeting.  Two  of  the  said  directors  shall  be  appointed  by  the 
Board  of  public  works  of  Virginia,  and  shall  hold  their  offices  in  like 

Appointment  of  manner  and  be  removed  at  any  time  by  the  appointing  power.  The 
i  by  the  appointment  of  the  president  shall  be  certified  to  the  governor  of  the 

goviTuor  commonwealth  Of  Virginia,  for  his  approval.      If  disapproved,  the  said 

stockholders  in  general  meeting  shall  appoint  some  other  person  to 
be  president  ;  and  no  person  shall  be  president  unless  the  appoint- 

Vacanclea,  how  ment  be  approved  by  the  governor.  Vacancies  in  the  office  of  pre- 
sident or  directors  shall  be  filled  by  the  board  of  directors,  except  the 


filled 


CANAL   AND   NAVIGATION    COMPANIES.  S? 

directors  on  the  part  of  the  state,  whose  vacancies  shall  be  filled  as 
provided  in  the  first  appointment.  A  majority  of  said  din  dors  shall 
be  residents  of  the  state  of  Virginia. 

Duties  and  poivcrs  of  president  and  directors. 

10.  The  president  and  directors  of  the  company,  subject   to  the  Duties  and 
control  of  the  stockholders  in  genera]  meeting  and  of  the  by-laws,  fidentand1*™ 
shall  he  charged  with  the  immediate  care  and  superintendence  of  the  ,|,roctor8 
affairs  of  the  company;  with  making  and  executing  their  contracts, 

either  by  themselves  or  by  their  lawful  agents;  with  constructing  and 

preserving  their  works;  with  the  custody  and  preservation  of  all  the 

property  of  the  company;  and  with  the  control  and  direction  of  all 

of  their  agents.     A  majority  of  the  hoard  shall  constitute  a  quorum  Quorum 

for  the  transaction  of  business;  and  when  the  president  is  absent,  the 

directors  shall  appoint  one  of  their  own  body  president  pro  tempore. 

The  proceedings  of  the  board  shall  be  recorded  in  the  English  Ian-  How  proceed 

guage.  at  the  office  in  Richmond,  and  be  at  all  times  open  to  the  in-    ' 

spection  of  the  stockholders  and  the  state;  and  in  the  case  of  the 

latter,  by  such  officer  as  the  general  assembly,  the  Board  of  public 

works  or  the  governor  may  appoint. 

Journals  and  records;   how  kept  and  authenticated. 

11.  The  journal  of  said  proceedings  shall  be  verified  by  the  signa-  Journal 
tore   nf  the   presiding   officer,  and   preserved   in  well  bound  boohs, 
wherein  the  nanus  of  the  members  present  shall  be  always  entered. 

and  the  vote  of  each  member  recorded  when  he  shall  require  it. 

They  shall  oanse  regular  books  of  account  to  be  kept  of  all  the  re-  nooks  or 

eeipts  and  disbursements,  and  of  all  the  dealings  of  the  company, 

and  shall  cause  their  books  to  be  regularly  balanced  semi-annually, 
on  such  days  as  the  by-laws  .-hall  prescribe.      All  books,  papers,  cor-  Subject  to 
rospondenoe  and  funds  in  possession   of  any  officer   of  the  eompanv.  '  '"'' "',|on 
shall  at  all  times  be  .-uhjeet  to  the  inspection  of  the  board,  or  a  com- 

mitti  e  thereof. 

Company's  ojfirr. 


12.  The  office  of  the  company  shall  be  n\  Richmond,  Virginia,  but  oflec  „t  n,rh 

i  and 


a  branch  may  be  located  al  Tans  in  Prance;  but  the  officers  and 


mum  control  said  sffiee  and  branch  may  he.  shall  he  subject  to  such 
id  regulation-  as  may  be  prescribed  by  the  board. 

Mcrtinps  of  board  of  directort. 

18,   The  board  shall  hold  mi  i  ich  times  as  they  shall  m  i 

fit,  or  the  president  shall  roqiiin  Man   it    shall   be  d< 

Sided  N<>  in.  ml><  r  of  the  bunrd  shall  vol.-  on   |   qaettlM 


88  ILL  AM»   HAVTGATIOH   COMPANIES. 

in  which  he  Is  personally  interested  otherwise  than  es  a  stockholder. 

The  nanus  of  those  voting  SSjOh  May  shall  lie  taken  down,  it'  desired 
at  the  tillie  by  any  nieinher. 


mpen- 
tattoo  <>f  I'risi- 
dent  and  dire©- 
ced 


Officers  anil  agents  of  company;    their  compensation. 

1  1.    Subject  to  the  direction  and  control  of  the  stockholders  in  ge- 
nera] meeting,  and  the  by-laws,  the  board  shall  appoint  a  seen 

and  such  other  officers  and  agents  as   it    may  deem    prop  r,  and   pre- 

scrihe  their  duties,  liabilities  and  compensation.    They  shall  require 

from  such  of  them  as  they  deem  proper,  bondB  payable  to  the  com- 
psny,  with  such  conditions  as  the  hoard  may  require,  and  with  such 
sureties  as  it  may  approve;  and  the  ollicers  shall  hold  their  pi 
during  its  pleasure.  The  compensation  to  the  president  and  direc- 
tors shall  he  prescribed  by  the  stockholders  in  general  meeting;  and 
to  all  other  ollicers,  by  the  hoard  of  directory  unless  otherwise  pre- 
served by  the  stockholders. 


i  de- 
linquent! 
How  payment 
enforced 


Remedy  against  delinquent  stockholders. 

15.  If  the  money  which  any  stockholder  has  to  pay  upon  his 
shares,  he  not  paid  as  required  by  the  president  and  directors,  the 
same,  with  interest  thereon,  may  ho  recovered  by  warrant,  action  or 
motion;  or  such  shares  may,  after  notice  in  a  newspaper  for  ono 
month,  of  the  time  and  place  of  sale,  he  sold  at  public  auction  for 
ready  money,  and  transferred  to  the  purchaser. 


ibnned         16.    Out   of   the   proceeds   of   such   sale   there   shall   he   paid   the 
Charge,  and  the  money  which  ought  to  have  hcen  paid  upon  the  said 
shares,  with  interest  thereon.     Any  surplus  shall  be  paid  to  tie-  dd 
linquent  or  his  representative. 

if  stock  17.  If  there  he  no  wale  for  want  of  bidden,  or  if  the  sale  Bhall 
not  produce  enough  to  pay  the  charges,  and  the  money  which  ought 
to  he  paid,  with  interest,  the  company  may  recover  against  such 
stockholder  whatever  may  remain  unpaid,  with  interest  thereon,  hy 
warrant,  action  or  motion  as  aforesaid. 


Whin  BtOck 

oulgned 


Who  owner 


18.    No  stock  shall  he  assigned  on  the  hooks  without  the  consent 

of  the  company,  until  all  the  money  which  has  become  payable 

thereon  shall  have  hcen  paid;   ami  on  any  assignment,  the  assignee 

and  assignor  shaD  each  he  liable  for  any  installments  which  may 
have  accrued,  or  which  may  thereafter  accrue,  and  may  he  proceeded 
against  in  the  manner  before  provided. 

19.  A  person  in  whose  name  shares  of  stock  stand  on  the  hooks 
of  the  said  company,  shall  bo  deemed  the  owner  thereof  as  it  re- 
gards the  company. 


CANAL  AND   NAVIGATION   COMPANIES.  80 

20.  The  European  parties  and  stockholders  may,  as  between  them-  European 
selves,  determine  what  their  relative  rights  and  obligations  shall  be. 

Regulations  for  transfers  of  stock. 

21.  If   any  such   prison    shall,   for  valuable  consideration,   Bell,  How trana- 
pledge  or  otherwise  dispose  of  any  of  his  shares  of  stuck  to  another, 

and  deliver  to  him  the  certificate  for  such  shares,  with  a  power  of 
attorney  authorizing  the  transfer  of  the  same  on  the  bonks,  the  title 
of  the  former  (both  at  law  and  in  equity)  shall  vest  in  the  latter,  so 
far  as  may  lie  necessary  to  effect  the  purpose  of  the  sale,  pledge,  or 
other  disposition,  not  only  as  between  the  parties  themselves,  but 
also  as  against  the  creditors  of  and  subsequent  purchasers  from  the 
former,  subject  to  the  provisions  of  the  preceding  nineteenth  section. 

22.  The  person  to  whom  any  such  certificate  may  be  issued,  may  How  new  oerti 
return  the  same  to  the  office  of  the  company,  and  in  person,  or  by 

an  attorney  acting  under  a  power  from  him,  assign  on  the  books  of 
the  company  either  the  whole  number  of  shares  mentioned  in  snoh 
certificate,  or  a  less  number.  The  certificate  so  returned  shall  be 
canceled  and  filed  in  the  company's  office ;  and  thereupon  so  many 
new  certificates  shall  be  issued,  and  to  such  person  or  persons  sua  may 
be  proper  in  the  case. 

Lost  certificates  renewed. 

23.  When  a  person  to  whom  such  a  certificate  is  issued,  alleges  it  How  lost  eerti- 
to  have  been  lost,  he  shall  file  in  the  office  of  the  company:   1.  an 

affidavit  setting  forth,  as  nearly  as  he  can  state  the  same,  the  time. 
place  and  circumstances  of  the  loss;  2,  proof  of  his  having  adver- 
tised the  same  in  a  newspaper  once  a  week  for  two  months;  and  .'!. 
li bond  to  the  company,  with  one  or  more  sufficient  sureties,  condi- 
tioned to  indemnify  all  persons  against  any  loss  in  consequence  of 
timing  a  new  certificate  in  place  of  the  former :  and  thereupon  the 
board  may  direct  such  new  certificate,  and  the  same  sliaH  be  issued 
accordingly. 


IV. — Of  Tin:    POWEB  OF    Tin:  OOHPAHY  TO  makt:    sinvrvs  and 
n:i    PBOP1  M  vi  i  1:1  \I  s:    I  H  LSI  vi  [OH; 

V.I  I  II    mi  in   K    W'KKS. 

Surveys  for  route  of  lints. 

l.   The  Virginia  canal  company  may  by  its  offl< . 
vants.  <  nter  upon  any  lands  (or  the  par]  mining  the  taate, 

and  mrjveying  and  laying  oul  such  m  may  seem  fit  for  tl  ■ 

said  (  ompany,  to  any  oAoei  or  a_'<  nt  authorized  by  it :   pIW  id,  d  just 
comp (  n-ation  be  mad'-  for  any  injury  done  to  the  owner  ..r  i 


90  ami  navk;  vi  n»N   <  omiuxies. 

m       of  the  land.     Bui  the  oompany  Bhall  nod  onder  the  authority  of  thin 

•.'iii.tlirowop.il  an\   EbOOM  Of  <  in-l.--.iiri  -  oil   am   land,  or  injur*- 

the  prop*  riy  of  the  ownet  or  poeoeeoor,  or  Invade  the  dwelling  home 
of  any  free  person,  or  any  space  with  sixty  feel  thereof)  without  the 
consent  of  the  owner. 

//■'/■  much  rral  cstatr  may   hr  acquired* 

i.  ...  •-..-.  S3,    The  land  aequired  by  the  oompaay  along  its  line  generally, 

■hall  ii"i  exoeed  two  bnndred  feel  in  width,  except  En  deep  oats  and 
fillings;  and  then  only  ao  mnoh  more  Bhall  beaoqnired  at  maj  be 
reasonably  neoesaary  therefor.  The  land  which  it  maj  acquire  for 
bnildinga  or  for  an  abutment  along  its  line  generally,  shall  not  i  need 

Amount  to  bo      five  acre-  in  any  one  parcel:   anil  the  land  which   it    may  aoquire  for 

bnildinga  or  other  purposes  of  the  oompany  at  the  prinoipal  termini 

of  it-  v, oik.  Of  at  any  place  or  places  where  basins  may  be  n-  0(  -ary 

for  the  iiccoininodatioii  of  tin-  trade,  shall  nol  exoeed  thirty  aores  in 

any  one  par.  -  1. 
Cun.-a  to  Cr.-'-n-       ■'!.    For  tin-  purpose  of  .< u p]'l\  ii i lt  water  to  tin-  summit   level  of  the 

Alleghany  mountain,  and  t--  the  Greenbrier,  New  and  Kanawha 
rivers,  the  oompany  ma]  extend  a  canal  t<-  Greenbrier  river  or  to 
Sow  modi  land  Anthony's  creek,  or  to  any  other  creel  deemed  necessary,  and  may 
acquire  land  not  exceeding  two  hundred  feet  on  the  line  of  said  canal, 
except  in  deep  cuts  and  fillings,  and  then  only  s--  much  more  as  may 
be  u.  oessarj .  and  such  other  lands  on  the  line  of  said  canal,  or  at  the 
termini  thereof,  ae  meyma]  require  for  abutments  for  dams  on  said 
Greenbrier  river  or  creek,  or  elsewhere  on  said  canal,  or  for  lots  ox 

BaMm  buildings,  DOt  exceeding  five  aores;   and  for  resi  rvoirs  to  supply  -aid 

summit  level*  or  increasing  the  depth  of  water  In  said  rivers,  they 
nay  aoquire  any  hinds  which  may  be  Deoessary  for  that  purpose. 

And  the  said  company  maj  purchase  the  whole  or  any  part  of  a  tract 
Of  land,  am  part  of  which  tract  will  1"'  OOVCred  by  the  Water  of  said 
reservoirs,  and  may  build  am  dams  and  construct  any  work.-  which 
When  land  to  may  be  m-c  ■-.-;. n  fox  the  formation  of  such  reservoirs.  But  any 
land  BO  purchased  which  shall  not  lie  necessary  for  the  convenient 
ubc  and    maintenance  of  said    reservoirs,    shall    be  sold   or  otherwise 

disposed  of  bj  the  said  oompany  within  five  years  after  the  Baid  re- 
servoirs are  completed,  and  if  the  said  company  shall  fail  to  sell  said 

lands  within  die  five  years,  the  same  shall  be  forfeited  to  the  com- 
monwealth. 

i.ando  along  line     4.  The  said  company  may  contract  with  the  owners  thereof  fox 

such  lands  along  their  line  of  improvement  as  they  are  authorized  to 

acquire  for  the  purpose  of  said  improvement :  and  the  said  oompany 

may  also  purchase  from  the   owners   such   small    parcels    of  hind   as, 

being  oat  off  from  the  main  body  of  the  tract,  would  be  inconvenient 

for  tiie  owner  to  hold,  and  burdensome  for  the  company  to  connect  by 


CANAL   AND    NAVIGATION    COMPANIES.  91 

bridges  with  the  Other  lands  of  the  owner,  and  such  other  small  par- 
eels  of  land  lying  convenient  to  the  company's  1  i n<-  of  improvement, 
and  containing  quarries  of  stone  or  marble,  water  proof  lime,  coal, 
or  other  minerals  which  WOnld  be  useful  to  the  company  in  con- 
strncting  and  repairing  their  works  and  carrying  on  their  appropriate 
business:  provided,  thai  no  one  parcel  of  land  so  to  be  purchased  Proriao 

shall  exceed  one  hundred  acres,  and  that  the  whole  together  shall  not 
exceed  four  thousand  acn 

5.  Eer  the  purpose  of  assessing  the  damages  to  the  owner  from  abbobhom 
the  condemnation  of  liis  land  for  the  use  of  the  canal,  or  any  feeder 

of  the  canal,  or  for  any  abutment  of  a  dam,  or  for  the  sites  of  toll 
houses,  stables  or  other  buildings,  or  for  reservoirs,  there  shall  be 
appointed  by  the  Board  of  public  work-  for  the  line  of  the  improve- 
ment extending  from  tide  water  to  Lynchburg,  and  for  the  line  ex- 
tending from  Lynchburg  to  Covington,  and  for  the  line  extending 
from  Covington  to  Loup  creek  shoals,  and  for  the  line  extending 
from  Loup  creek  shoals  to  the  Ohio  river,  five  assessors  for  each  How  «pp 
of  said  divisions,  being  discreet,  intelligent  and  impartial  men.  nei- 
ther Stockholders  of  the  company  nor  owners  of  any  land  through 
which  the  improvements  of  the  company  will  pass:  who.  or  any 
three  or  mor<  of  them,  shall  constitute  a  hoard  for  the  assessment  of 
such  damages  throughout  the  line  of  the  improvement  on  the  divi- 
sion fur  which  they  are  respectively  appointed.  All  vacancies  in  the  Tntnmrtw 
board  of  hall  be  filled  by  the  Board  of  public  works. 

The»  shall   hold  their  offices   during  the   ph  BSUre  (  f  the 

Board  of  public  works,  and  shall  receive,  as  a  compensation  for  their 

-.  the  dollars  each  for  even   day  he  shall   be  engaged   in   per- 
formance of  his  duties,  and  twenty  cents  for  every  mile  he  shall   ne- 
rily  travel  to  and  from  the  place  of  performing  his  duties,  to  be 
paid  by  the  company. 

6.  I'1  '"re  .  ntering  upon  the  duties  of  his  office,  each  hall 

take  an  oath  of  office  before  some  justice  of  the  peace  within  this 
commonwealth,  or  before  the  Board  of  public  works,  or  some  mem- 
ber thereof;  which  being  duly  certified,  shall  bt  ft  among 

li  -  of  the  Board  of  public  works,  and  shall  be  to  the  follow 
effect  :    •■  I.  A  B,  do  solemnly  swear  or  affirm,  that  I  will  impartially  <>.,th  rf  «*»r.*,r 
and  justly,  to  the  best  of  my  ability,  perform  the  dutii  'Tire 

'  to  the  Virginia  canal  company;  that  I  will  well  and  truly, 

i  of  my  judgment,  ascertain  what  will  I 
•  >n  to  any  proprietor  f<>r  any  land  I  d  fi-r  the 

ipany,  and  fnr  damagi  ■  to  tl 
beyond  the  ]  ich  reei- 

fae,  from  the  work  tob  constructed,  aad  dial  T  will  unite  with 

assessors   In  truly  certifying  our   pixx 
tribunal." 

7.  It  shall  be  the  duty  of  the  amcMor*  ko  appointed  and  qtJaliA 
whenever  they  phall  if  of  the  president 


'•-.'  CANAL   AND   KAVIOATIOH    COMPAIOEB. 

and  directors  of  tin-  company,  at  root  time  as  the  said  shall 

Appoint,  and  without  delay,  to  assemble  on  the  land  proposed  bo  be 
condemned,  and  after  viewing  the  same,  and  hearing  raeh  proper 
evidence  as  either  party  may  offer,  they  shall  ascertain,  according  to 
the  beet  of  their  judgment!  and  in  the  true  spirit  of  the  oath  they 
have  taken*  the  damages  which  the  proprietor  of  the  land  will  sus- 
tain by  the  condemnation  thereof  fur  the  nse  of  the  oompany,  re- 
garding roch  proprietor  as  the  owner  of  the  whole  fee  simple  inte- 
•  therein.  No  snob  proceeding,  however,  shall  be  had  without 
consent  < >f  parties,  unless  ten  days'  previous  notice  of  the  time  and 
place  shall  have  been  given  t<i  the  owner  of  the  land,  or  t<>  his  guar- 
dian, if  the  owner  be  an  infant,  or  to  the  committee,  the  owner  being 
non  compos  mentis,  if  roch  owner,  guardian  <>r  committee,  can  be 

found  within  tin-  county  where  the  land,  or  any  part  thereof,  may 
lie:  or  if  he  cannot  he  so  found,  unless  such  notice  shall  have  been 
published  at  least  one  month  next  preceding,  in  some  newspaper 
printed  as  oonvenienl  as  may  be  to  such  land.  Any  one  or  more  of 
the  assessors  attending  on  the  day  appointed,  may  adjourn  from  time 

to  time  Until  their  business  shall  he  finished. 

Report  of  9.    "When    the    assessors    -hall    have    agreed    upon    the    amount  of 

damages,  they  shall  forthwith  make  a  written  report  of  their  pro- 
ceedings, under  their  hands  and  seals,  in  substance  as  followeth: 
••  We.  tin'  undersigned,  assessors  to  the  Virginis  canal  company,  for 
the  division  from  to  .do  hereby  certify,  thai  after  duo 

notice  of  the  day  and  place  appointed   for  our  meeting,  we,  on  the 
day  of  .  that  being  the  day  so  appointed  (or  the  day 

to  which  we  were  regularly  adjourned  from  the  day  so  appointed),  met 

together  upon  the  lands  of  ('  I  >.  in  the  county  of  .  w  hi<  h  the 

company  aforesaid  propose  to  condemn  for  tin  ir  086,  and  after  I 

viewed  the  premises,  ami  heard  such  proper  evidence  as  either  party 

offered   to  us.  we   proceeded   to  estimate   the  quantity  and  quality  of 

tin'  land  aforesaid,  the  quantity  of  additional  fencing  which  would 

probably  he  occasioned  by  its  condemnation,  and  the  following,  which 

seemed  tons  all  the  other  inconveniences  and  damages  which  were 
likely  to  resull  therefrom  to  the  proprietor  of  the  said  land — that  is 
to  say  :  (here  the  particular  inconveniences  and  damages  anticipated 
shall  be  plainly  set  down)-  that  we  combined  with  these  considera- 
tions, as  far  as  we  could,  a  just  regard  to  the  peculiar  advantages 
which  would  hi'  derived  by  the  proprietor  of  the  land  from  the  con- 
struction of  the   improvement,  for  the   use  of  which  tin-  said   land   is 

to  he  condemned.  That  under  the  influence  of  these  considerations, 
we  have  estimated  and  do  hereby  assess  the  damages  which  will  be 
sustained  by  the  proprietor  of  the  said  lands  from  the  condemnation 
thereof  for  the  use;  of  the  company,  at  the  sum  of 

Griven  onder  our  hands  and  seals  this       day  of 


A. 

B. 

[Seal.] 

c. 

D. 

[Seal.] 

E. 

F. 

[Seal.]" 

CANAL  AND   NAVIGATION   COMPANIES.  93 

Such  report,  signed  and  sealed  by  at  least  three  of  the  assessors.  Where  report 
together  with  a  copy  of  the  notice  of  the  time  ami  place  of  their  Howronflmed 
meeting,  duly  verified,  shall  be  forthwith  returned  by  the  murmurs  to 
the  circuit  court  for  that  county  in  which  the  land.  or  the  greater 
part  thereof,  may  lie;  and  unless  good  cause  be.ahown  againsl  the 
report,  it  shall  be  confirmed  by  the  court,  and  recorded  ;it  the  first 
term  to  which  it  shall  he  returned,  or  as  soon  thereafter  as  may  he. 
If  the  assessors  he  unable  to  agree  in  their  assessment,  tiny  shall  what  done  in 
report  their  disagreement   totheoonrt;  and  if  from   any  can  ement 

shall  fail  to  make  and  return  to  court  a  report  of  their  proceedings 
Within  a  reasonable  time,  they  may  he  compelled  by  mandamus  or 
other  proper  process.  When  the  assessors  report  their  disagreement 
to  the  enurt.  or  when  the  report  of  their  assessment  shall  1">  disaf- 
firmed, the  court  may  in  its  discretion,  as  often  as  may  he  necessary, 
remand  the  e;ise  to  the  assessors  for  a  new  report,  or  may,  pro  hac 
vice,  supersede  them  or  any  of  them,  and  appoint  others  in  their 
st  i  ad  :  and  in  so  remanding  it,  may  give  such  instructions  on  the  law 
as  may  he  proper. 

f>.    On  the  confirmation  of  any  such  report,  and  on  the  payment  to  How,  wbeo 
tli''  proprietor  of  the  land  of  the  damages  so  assessed,  or  the  payment  I','"r 
of  said  damages  into  court,  when,  for  good  cause  shown,  the  court 
shall  so  have  ordered  it.  the  land  viewed  and  assessed  a-  aforesaid 
shall  lie  vested  in  the  Virginia  canal  company,  in  the  same  manner 
as  if  the  proprietor  had  sold  and  conveyed  it  to  them. 


1".  While  these  proceedings  are  depending  for  the  purpose  of  as-  what  may  i- 
oertaining  the  damages  to  the  proprietor  for  the  condemnation  of  hie  proceedings* 
land,  and  even  before  they  shall  have  been  instituted,  the  president 
and  directors,  if  they  think  that  the  interest  of  the  company  requires 
it.  may  by  themselves,  their  officers,  agents  and  servants,  enter  upon 
the  land-  laid  out  by  them  a-  aforesaid,  and  which  they  desire  t<>  con- 
demn, and  apply  the  same  to  the  u.-e  of  the  company.  If.  when  they 
so  take  ]>i>->  ssion,  prooe*  dim--  to  bscm  rtain  the  damages  :i-  afbri  -aid 
shall  he  pending,  it  shall  he  their  duty  diligently  to  prosecute  them  to 
a  conclusion;  or  if  none  he  then  pending,  they  shall  without  delay 
•  ite  them,  ami  diligently  prosecute  them  to  a  conclusion.  Ami 
when  the  report  of  i  lining  the  damagi  s,  thai 

return  &  and  confirmed,  the  court  shall  render  judgment  in  favor  of 
the  propll<  t"r  of  the  land  for  the  amount  thereof,  and  <  ith<  r  <  QBnpaJ 

•■n  for  its  i< 
'irt  shall  •  In  the  BM  an  time  no  ordct  nhall  be  jn  wbnt  cue 

inad.  .  and  no  injunction  shall  be  awarded,  by  any  curt  or  J  .  award^T^ 

apany  in  the  prosecution  of  their  work-. 

nnh-s   it   l-  mattes!  thai  they,  faff  oA 

-  authority  given  them  by  tl,  |  thai  the  hv 

terpositioa  of  the  .  OUTl  ,-  m  I  -  r-ar  4  injury  that  cam...;   1» 

sated  in  damages. 


94 


.   \\\l.    \NI>    NTAVIOATIOH    COMPANIES. 


•wm  r 
may  apply  to 


Duty  of 


II,    Iff  the  president  :m<l  directors  shall  here  taken  pt 
any  laud  before  the  same  shall  have  been  purchased  by  diem,  or  con- 
demn* l    '"I  paid  for  according  to  law,  and  shall  for  sixty  days  after 

ssion,  and  after  tin-  lm;ird  of  a--  ssora  Bhall  have  I 
appointed  and  qualified  as  herein  provided,  tail  to  institute  proceed- 
ings for  its  condemnation  as  afon  said,  it  shall  It  lawful  for  tin-  pro* 
prietor  of  the  land  to  make  application  to  the  at  and  apoa 

snob  application  it  shall  be  1 1 1 « -  duty  of  tin  .  upon  ten  days' 

previous  notice  given  to  tit*-  president  and  directors,  or  any  id"  them, 
to  proceed  to  asm  ><  the  damages  to  the  owm  r  from  tin-  condemnation 
of  his  land,  and  to  report  their  proceedings  in  like  manner,  in  all  re- 

-]m  ota,  as  if  application  bad  been  made  to  them  on  behalf  of  the  oom- 

Procwdingn  In     pany  :   and   opon  BUCfa  report,  the  same  proceedings  shall  l>e  had   in 

court  as  if  it  had  been  made  <m  the  application  of  the  president  and 
directors,  save  only  that  when  such  report  ascertaining  the  damages 
shall  be  confirmed,  the  court  shall  render  judgment  in  favor  of  the 
proprietor  for  the  dam:'  !  and  double  costs-;  and  shall 

thereupon  either  compel  the  company  to  pay  into  court  th 
and  costs  bo  adjudged,  or  award  ;  ation  therefor,  as  to 

the  court  shall  seem  right. 


Titu%-  IS.    When  the  judgment  rendered  for  (hedamagi  d  and 

costs,  shall  be  satisfied  by  the  payment  of  the  money  into  court  or 
otherwise,  the  title  of  the  land  forwhioh  Buoh  damages  were  as- 
Bhall  be  vested  in  the  company  in  the  same  manner  B8  if  the  proprie- 
tor had  sold  and  conveyed  it  to  them. 

ught of  app    :      13.    When  the  circuit  court  -hall  have  pronounced  Bnal  judgment 

in  any  proceeding  under  this  act.  it  shall  be  lawful  for  any  part}  ag- 
grieved by  snob  judgment,  to  have  the  same  revised  and  reversed  in 
the  court  of  appeals,  upon  writ  Of  error  or  BUpersed(  as,  for  error  ap- 
parent on  the  record,  in  like  manner  as  other  judgments  of  the  cir- 
cuit court-  may  he  revisi  d  ami  reversed  in  the  court  of  appeals. 


Damages  for 
unfor.v  ■  n 
iajuriui 


14.  The  judgment  upon  the  report  of  the  assessors  shall  lie  no  bar 
to  the  recovery  of  damages  for  any  injury  not  foreseen  and  estimated 
by  them,  and  accruing  after  the  date  of  their  report  :  and  to  recover 
damages  for  any  injury  arising  from  the  condemnation  of  his  land, 
accruing  after  the  date  of  the  report,  not  foreseen  and  estimated  by 
the  assessors,  the  proprietor  Of  the  land,  his  heirs  and  assigns,  shall 
have  remedy  by  proceeding  before  the  assessors  and  the  mints,  in 
like  manner  as  for  tin-  original  assessment  of  damages:  and  if  there 
be  no  such  assessors,  by  proceeding  before  such  other  tribunal,  and 
in  such  manner  as  the  legislature  may  hereafter  provide;  and  if  theft 
bo  no  such  tribunal,  then  by  action  on  the  case. 


Damages  for  15.   If  the  said  Virginia  canal  company,  in  entering  upon  the  land 

wanton  injuries  Qf  any  per80n  uruier  the  authority  of  this  act,  for  the  purpose  of  lay- 


.CANAL   AND    NAVIGATION    COMPANIES.  95 

ing  out,  constructing  or  enlarging,  altering  or  repairing  any  of  their 
said  WOlbs,  do  any  wanton  or  willful  injury  to  such  land  or  its  appur- 
tenances, or  to  ih"  oropa  growing  or  gathered,  or  to  any  other  pro- 
perty thereon,  flic  saiil  company  shall  pay  to  the  person  so  injured 
double  fhe  amount  of  the  damages  which  shall  be  assessed  by  a  jury 
in  any  proper  action  therefor. 

Company  may  change  loralinn  ;  proceedings  'thereupon. 

It!.    Notwithstanding  the  company  may  have  made  a  location  of  Change  of 
lands  for  its  purposes,  and  proceeded  to  ascertain  the  compensation 
therefor,  the  company  may  afterwards  change  ifs  location  from  time 

to  time,  as  often  as  if  &  e  cause;  and  proceedings  may  be  had  to  as- 
u  what  will  he  a  just  compensation  for  the  lands  upon  any  such 
new  location,  ami  the  work  may  be  constructed  upon  or  through  the 
same,  and  the  title  to  such  lands  obtained  in  like  manner  as  if  it 
W<  "    the  first  location.      But  whenever  such  change  of  location  shall  Landi  ron- 
be  made,  the  title  to  the   lands  condemned  for  the  former  location  revert  upon 
shall  reverl   to  the  original  owner,  his  heirs  or  assigns;  and  when  ]„'('a!fun° 
such  change  of  location  shall  be  made  before  the  work  is  constructed, 
the  ds  ostained  by  such  owner  by  the  entry  of  the  company 

upon  his  lands,  shall  be  ascertained,  and  the  payment  thereof  en- 
forced as  is  herein  provided  when  the  company  condemns  lands  for 
its  works. 

Wagon  ways  for  owners  of  land. 

17.    For  e\(  ry  person,  through  whose  land  the  roads  or  canals  of  Wagonway* 
mpany  pass,  it  shall  provide  proper  wagon  ways  across  the  said 
•r  canals,  from  one  part  of  the  said  land  to  the  other,  and  k<  ep 

inch  ways  in  good  repair.    And  if  the  proprietor  of  the  land  and  the 

•ompany  disagree  as  to  the  proper  ways,  tin  shall  fix 

itn< .  r<  erring  the  ri.uht  to  either  party  to  appeal  to  the  circuit 
court  of  the  county  in  which  the  said  wagon  ways  arc  to  be  made, 
which  shall  decide  thereupon,  and  its  decision  shall  be  final. 

Not  to  occupy  streets  in  a  town  without,  eon 


1-     The  Company  shall   not   occupy  with   it  ttooeouy 

any   town,  until   the  corporate  authority  of  the  town  shall  have  as-  wuhoutnconfea4 

patron,  unless  such  assent  bed  vritli  by 

•I  of  law. 


t   may  cross  or   he  connected  with  another. 
19  y  m»y 

their  work,  .my  rail  road,  turnpike  01 

county  road,  It  o :  prorid  1  as 

not  to  Impede  the  psanfS  or  tra?:  of  persons  or  pro] 


CANAL    AND    NAVIGATION    COMPAKHS. 

.  sieng  the  me.    [f  said  oonrpany  desire  thai  the  eonrse  of  any  rasl 

■  I.  turnpike,  oanal  ..r  M:.tr  rand  should  l"  altered  to  avoid  the  ne- 

::v  (if  .-my  crossing,  <>r  of  frequent  crossings,  or  to  facilitate  the 

ring  thereof,  tin-  alteration  may  In-  naade  in  Book  manner  a-  may 

In-  agreed  between  it  ami  tin-  said  rail  mail,  tnmpike  or  oanal  ^« > 1 1 1  - 

panv, or  the  Board  of  public  works,  in  tin-  oaaeofa  stats  mail.    Ami 

if  such  construction  or  alteration  as  is  allowed  by  tliis  section.  BhaO 

tans.'  damage  to  any  snob  company,  ox  to  the  owner  of  any  lands,  the 

said  company  shall  pay  Bnch  damage.    Bal  any  county  road  maj  1>«' 

altered  by«stiid  oompany  fox  tin-  purpose  aforesaid,  whenever  it  shall 

have  made  an  equally  convenient  road  in  lieu  thereof. 

lloir  other  ivories  ma)/  cross  or  be  connected  with'  it. 
■  oanal        20.    If  any  rail  road,  turnpike  01  canal  company  deem  it  neOt  BBB1J 

in  the  construction  of  its  work  to  cross  the  works  of  the  Virginia  oa- 
nal oompany,  it  may  do  so:   provided,  that   in  crossing  the  same  the 

navigation  shall  not  lie  impeded  ox  obstructed,  nor  shall  theoonstrue- 
tions  ami  t<>w  path  of  the  oompany  be  in  any  manner  interfered  with. 

No  such  oompany  shall  interfere  with  the  mute  or  track  for  the  Vir- 
ginia canal  company's  water  line  as  heretofore  determined,  without 
the  consent   of  saiil  company. 

Reservation  fur  connecting  ivories. 

Uonfoi       21.    The  legislature  reserves  the  right  to  provide  for  connecting 
'un>-'        with  the  works  of  said  Virginia  canal  oompany  any  other  work  of 
internal  improvement,  at  such  point  as  may  seem  to  it  proper. 

JL'it-  company  may  take  materials  from  lam/  for  their  use. 

t 
Bight  to  22.    The  Haiti  company  may,  by  its  offioerB,  agents  or  servants. 

enter  upon  any  convenient  lands  for  the  purpose  of  obtaining  there- 
from wood,  stone,  gravel  or  earth,  to  he  used  in  constructing  such 
BoBtrictionB  work,  or  in  repairing,  enlarging  or  altering  the  same.  IJut  the  com- 
pany shall  not  cut  down  any  fruit  tree,  or  any  tree  preserved  in  an\ 
field  01  lot  fox  shade  or  ornament.  01  take  part  of  any  fence  or  build- 
ing;  nor  take  any  of  the  said  tilings  from  any  lot  in  a  town.      Before 

taking  any  of  the  said  things  the  oompany,  unless  it  agree  therefor 

with  those  having  right  thereto,  shall  give  to  the  tenant  of  the  free- 
bold,  his  guardian  or  committee,  or  his  tenant  lor  years,  such  notice, 
and  in  such  manner  as  is  proscrihed  in  the  seventh  section  of  this 
chapter,  that  at  a  certain  time  and  [dace,  to  be  specified  in  the  no- 
tice, application  will  he  made  to  a  justice  to  appoint  commissioners 
Viewers,  how  to  ascertain  what  will  bo  a  just  compensation  for  the  same.  At 
8ppon  such  time  and  place  the  justice  shall  appoint  three  disinterested  free- 

Thoirduty         holders  as  commissioners,  who,  after  being  sworn,  shall  view  the 
premises,  and  report  in  writing  the  extent  to  which  wood,  stone, 


CANAL  AND   NAVIGATION  COMPANIES.  97 

gravel  or  earth  u  proposed  to  be  taken ;  the  nature  of  the  injury 
which  may  be  done  in  cutting,  quarrying,  digging  or  carrying  away 
the  same,  and  what  will  be  a  just  compensation  therefor.  The  notice 
in  writing,  certificate  of  the  commissioners  having  been  Bworn,  and 
their  report,  shall  be  forthwith  returned  to  the  court  of  the  COUnty 
or  corporation.  If  pood  cause  be  shown  against  the  report,  or  if  the 
commissioners  cannot  agree,  or  fail  to  report  within  a  reasonable 
time,  the  court  may,  a<  often  as  seems  to  it  proper,  appoint  other 
commissioners,  who  shall  ad  and  report  in  the  manner  before  pre- 
scribed. If  the  report  be  oonfirmed,  then  upon  the  payment  to  the  proceeding! 
person  entitled  thereto,  or  into  court,  of  the  sum  so  ascertained,  the  1U  court 
company  may  take  and  carry  away  the  wood,  stone,  gravel  or  earth, 
for  which  such  compensation  may  have  been  allowed;  and  though 
the  report  may  not  he  confirmed,  yet  upon  the  payment  into  court  of 
the  sum  therein  mentioned,  it  may  proceed  in  like  manner  as  if  the 
report  had  been  confirmed,  and  payment  made  of  the  sum  thereby 
tained.  Upon  the  coming  in  of  a  new  report,  after  such  pay- 
ment into  court,  the  court,  if  it  affirm  the.  report,  shall  render  judg- 
ment ill  like  manner  as  in  cases  provided  for  by  the  tenth  Bection. 
From  the  time  of  any  such  judgment  against  the  company,  its  right 
so  to  cut,  quarry,  dig,  take  or  carry  away,  shall  he  suspended  until 
the  said  judgment  shall  be  satisfied. 

23.    It   shall   he  the  duty  of   commissioners   appointed  under  the  Dnty of  i 
]  n  ceding  Bection,  if  required  so  to  do  by  the  tenant  of  the  freehold, 
his  gnardian  or  committee,  or  his  tenant  i'm-  years,  to  enquire  in  the 

fir.-t   place  whether,  under  all  the  circumstances  of    the  case,  it   ho 
reasonable  and   proper  that  the  Company  should  he  allowed  to  take 

for  its  uses  the  timber  or  other  materials  which  it  is  proposed  to 
condemn.    If  the  opinion  of  the  commissioners  on   this  point  be<rheirr 
'adverse  to  the  company,  they  shall  report  the  same,  with  the  rea» 
on  which  it  is  founded,  to  the  court  to  which  the  justice  appointing 
them  belongs;  and  unless  said   report  be  reversed   and  annulled, 
neither  the  commissioners  nor  the  company  shall  have  power  to  pro- 

peed  further  under  the  section  aforesaid.  If.  the  opinion  of  the  oom- 
rs  on  such  preliminary  question  he  favorable  to  the  com- 
pany, and  tin-  tenant  of  the  freehold,  hi;,  guardian  or  committor,  and 
bia  tenant  for  yens,  if  there  be  sueli.  acquiesce  therein,  they  shall 
pp"  1 1  ■!  to  discharge  the  other  dutiei  tor  which  they  were  appoint*  d. 
But  it  there  he  not  such  acq  the  coma  ill  n 
port  their  opinion,  with  their  reasom  therefor,  to  the  court  aforesaid, 

and  ihaO  not  proeoed  further  in  the   discharge  of  their  dutn  s.  in. 

their  report  shall  be  oonfirmed;  and  either  party  may  appeal  from  sight  <of 
the  decision  of  i  nit  oeurt  of  die  county,  in 

:  umbr  tttl  and  tie    m  \t  pn  I  •  ding  M  ction. 


j)C 


CANAL   AND    NAVIGATION    COMPANIE8. 


mnovril 


I  and  rem 

•j  I.  In  any  oase  in  which  the  company  may  be  entitled  under  this 
ohapter  to  enter  upon  any  land-,  the  sheriff  or  sergeant,  whenever 
required  by  the  oompany,  shall  attend  and  remove  force  it'  i 


V. — OF  Tin:  GENERAL  LINE  OP  THE   QTPRO  MORS 
am.   DIVISIONS  OP   THK   WORK,    AM>  THE    HOI 

IMG     \m>    EtEPAIRING    THE    B  AME ;    OTHER    WORKS    "  W- 

i  i  i;i  i:i:i;i»  WITH;    OBGULATIONS    FOB    ENLARGEMENT;  ;nn     POB 

COMMENCING    AND  COMPLETING    WORKS ;  GUARANTEE!  I    >R  OOM- 

PLIANI   B. 

General  lint  qf  improvement, 

1.   The  Virginia  canal  company  arc  charged  with  tlio  duty  of  con- 
necting the  Jamea  river  with  the  navigable  waters  of  the  Ohio,  -■ 
to  make  a  continuous  water  line  from  tide  water  at  Richmond,  I  i 

Poinl  Pleas. ;nt  at  the  month  of  the  Kanawha  river  :  constructing  the 

works  «ni  the  genera]  plan  of  the  improvement  which  lias  already 
been  made  or  designated  for  the  dames  river  ami  Kanawha  com- 
pany's line,  with  the  modifications  herein  after  prescribed  :  the  whole 
beeoutnioted    worJj  )()  bfl  compiete3  .„„]  executed  iii  a  substantial,  durable  ami 

workmanlike  manner.  Their  improvements  shall  he  kept  perma- 
nently in  good  repair,  free  and  lit  for  public  use,  according  to  the 
provisions  of  this  act ;  ami  the  works  which  they  shall  construct,  ami 

the  property  which  they  shall  acquire  under  the  authority  of  law, 
Bhall  he  vested  in  them  and  their  successors  forever,  for  their  own 
QB6  and  benefit,  Bubjeot,  however,  to  all  the  provisions  of  tliis  art. 

I'  tisions  of  work. 


:ib  of 

\>  i  rk 


I] 


■j.  For  the  better  designation  of  tin-  line,  ami  for  ready  reference 
ami  description,  the  improvement  with  which  the  oompany  is  charged 

shall  he  divided  into  divisions  or  sections,  as  follows  : 
Richmond  dork. 

First  The  Richmond  dock  am!  Tide  water  connection,  extending 
from  tli.-  tide  water  to  the  basin  in  Richmond.  The  capacity  of  the 
Tidewater  connection  and  Richmond  dock  shall  be  enlarged,  so  as 
to  afford  adequate  accommodation  to  the  trade  of  the  line,  by  open- 
ing a  second  communication  with  tide  water  by  the  route  of  tlio 
llavall  canal  or  other  BUitable  route,  to  he  si  let  led  by  the  company, 

and  the  right  thereto  to  he  acquired  as  prescribed  in  the  fourth  chap- 
ter: or,  instead  of  that  mode  of  improvement,  by  enlarging  and 
doubling  the  present  Locks  between  the  basin  ami  the  (loch,  as  well 
as  the  present  ship  lock,  in  such  manner  as  may  he  necessary;  and 
by  constructing  all  such  other  works  as  may  he  I  ecessarj  for  enlarg- 
ing the  capacity  of  the  dock  and  Tide  water  unection  for  the  pur- 
pose aforesaid. 


CANAL  AND  NAVIGATION    COMPANIES.  99 


Division  from.  Richmond  to   "Lynchburg. 
Second — The  Brat  division  of  the  canal,  extending  from   the  basin  Richmond  to 

iii  Richmond  to  Lynchburg,  including  the  South  side  connections, 

consisting  of  a  dam   and   an    outlet  lock   at    ( 'arlersville.  and    three 
bridges,  to  wit  :  one  at  New  Canton,  one  at    Hardwicksville  and  one 
at  Benl  Creek,  and  the  connection  on  the  north  side  of  the  river  with 
the  improvement  of  the  Rivanna  river.     And  the  Virginia  canal  Virginia  canal 
company  may,  if  they  shall  deem  it  expedient,  contract  with  the   Ri-  contract  with 
vanna  navigation  company  for  the  purchase  of  the  works,  property  MUon^oompaay 
and  franchises  of  thai  company,  upon  such  terms  as  maj  be  agreed 
upon  by  the  parties  and  approved  by  the  Board  of  public  works;  and 
thereupon  the  works,  property  and  franchises  of  the  said  Rivanna  na- 
vigation company  shall  he  fully  vested  in  the  Virginia  canal  com- 
pany, and  shall  constitute  a    part  of  the   first   division   of  the  canal, 
and  he  held  by  the  said  Virginia  canal  company  as  a  pari    "1    their 
line  of  improvement,  and  subject  to  the  provisions  of  this  act. 

Division  from  Lynchburg  to  Buchanan. 

Third — The  second  division  of  the  canal,  extending  from  Lynch-  Division  from 
burg  to  the  town  of  Buchanan,  including  the  connection  with  the  {^"hanM8 1° 
North  river  improvement,  extending  from  the  mouth  of  North  river 
to  the  town  of  Lexington. 

Enlargement  of  the  works  from  Richmond  to  Buchanan. 

The  capacity  of  the  improvement  from  Richmond  to  Buchanan  Dcpt 
shall  be  enlarged  by  said  company,  by  increasing  the  depth  of  the  WBte* 

r  t.i  oot  1'  H  than  seven  feel  at  any  point,  and   by  increasing  the  Lock* 
dimensions  <'f  all  the  present  locks  to  not    less  than  one  hundred  and 

twenty  feet  bug  .  by  tw<  my  f<  el  wid  ■  in  the  ol 

or  by  doubling  the  locks,  and  making  the  new  locks  of  the  dimen- 
sions afori  said.     But  the  increase  in  the  dimensions  or  the  doubling 

of  the  locks,  need   not   1m    made,  until  the   huku  re'|uire  reCOnstrUO- 
i    (he  trade  of  the  canal  shall  demand  it  :  and  lie 

pany  may.  if  they  think  proper,  increase  the  width  of  the 
canal  from  Richmond  to  But  I 

forty-two  feet  a?  the  bottom. 

B 

ding  from  T.ueh-  i. 
1 
ton.      Anl   lie    I 
dient  "Ter 

•    hi    and    I  .    to   the    x 


LOO  canal   AND   NAVIGATION    COMPAHIE8. 

river  in  the  county  of  Giles,  or  the  county  of  Montgomery;  whioh 
canal  Bhall  constitute  a  pari  of  the  third  division  of  the  canal;  and 
in  relation  thereto,  the  said  oompanj  shall  be  governed  by  the  provi- 
sions of  tliis  act. 

/ 1  rieion  from  Covingl  I  wer. 

fmm        Fifth — Tho  fourth  division  of  the  eanali  extending  from  the  town 
|vcr of  Covington  to  the  Greenbrier  river. 

Enlarged  construction  of  locks  and  works  from  Buchanan  west, 

ream]  The  canal  from  Buchanan  to  the  Greenbrier  river  shall  be  at  hast 
thirty  feel  wide  :it  the  bottom  and  fifty-one  feel  wide  nt  the  water 
Bnrfaoe,  and  have  n  depth  of  water  of  ool  less  than  m  \  en  feel  at  any 
point;  bnl  the  width  may  be  increased  to  forty-two  feet  at  the  bot- 
tom and  seventy  !'<•<  I  al  the  water  Bnrfaoe,  at  the  option  of  the  said 

,  ;  company,  and  the  locks  between  the  said  points  Bhall  be  nol  less  than 
one  hundred  and  twenty  feel  long  between  the  gates,  by  twenty  feel 

wide  ill  the  clear. 


widtb  "f  locks 


Division  from  Greenbrier  river  to  Loup  creek  shoals. 

Birth — The  fifth  division,  being  the  Greenbrier  and  New  rivers. 

extending  from  foe  intersection  of  the  canal  with  the  Greenbrier 

Looki  and  dams  river  to  the  foot  of  Loup  creek  shoals  on  the  Kanawha  river.    The 

improvement  On  this  division  shall   be  Of  locks  and  dams  adapted  tn 

steam  heat  navigation.  The  locks  shall  be  not  less  than  two  hun- 
dred Eeel  long  between  the  gates,  by  forty  feel  wide  in  the  clear. 

and  there  shall  he  a  depth  of  water  in  the  lucks  at  all  times  of  at 
leasl  seven  feet,  and  in   the  pools  of  net   less  than   seven  feet  at  any 

point  along  a  continuous  channel,  at  hast  one  hundred  feet  wide. 

Seventh    -The  sixth  di\  ision,  composed  of  the  Kanawha  river,  ex- 
tending from  Loup  creek  shoals  to  its  month  on  the  Ohio  riur. 

VLodi  of  improvement  "n  Kanawha  river, 
:.  r      3.  The  said  company  is  required  to  improve  the  Kanawha  river 

from  Lykens'  shoals  to  its  mouth,  in  such  manner  and  upon  such 
plan  as  they  may  adopt,  so  us   to  secure  a  depth  of  water  of  not   less 

than  six  feet  from  the  fifteenth  of  October  to  the  fifteenth  of  dune, 
and  five  feci  from  the  fifteenth  of  dune  to  the  fifteenth  of  October: 

the  channel  through  the  shoals  to  he  not  less  than  eighty  feet  wide  at 
the  bottom,  and  one  hundred   and   four  feel    wide  at   the  top.      And 

after  the  line  of  improvement  id'  the  said  company  shall  he  com- 
pleted, as  herein  provided)  from  Richmond  to  said  Lykens'  shoals, 
the  depth  of  water  in  said  river,  in  channels  as  aforesaid,  shall  be 
increased  to  not  less  than  six  feet  throughout  the  entire  year,  when- 
ever the  general  assembly  shall  so  prescribe. 


CANAL   AND   NAVIGATION    COMPANIES.  101 


Division  embracing  Kanawha  turnpike* 

■1.  That  part  of  the  work  heretofore  a  part  of  the  James  river  and  Kanawha  turn 

Kanawha  company's  work,  embracing  the  Kanawha  turnpike  road,  ' 

extending  from  Covington  to  the  month  <>f  the  Big  Sandy  river,  with 
the  branch  thereof  from  Barboursville  to  Gruyandotte,  shall  consti- 
tute tho  seventh  division. 


Division  embracing  Blue  Ridge  turnpike  and  ferry. 

5.  That  part  of  the  same  improvement,  embracing  the  Blue  Ridge  t.iup  RUge 
turnpike  and  ferry;  the  turnpike  extending  from  the  mouth  of  the 

North  river,  over  the  Blue  Ridge,  crossing  James  river  by  a  ferry, 
and  passing  down  the  south  side  of  the  river,  shall  constitute  the 
eighth  di\ ision. 

Repair*  ami  preservation   of  turnpikes. 

6.  The  said  Virginia  canal  oompany  shall  at  all  times  keep  open  Repairs  and  pre 

and  in  pood  repair  both  of  said  roads  ami  keep  Up  said  ferry,  or  sub-  *'Jr\^, 

stituto  a  bridge  therefor,  and  shall  establish  such  toll  pates  thereon 
as  they  may  doom  proper.  They  may  also  adopt  hy-laws  and  regu- 
lations prescribing  a  system  for  the  repair  and  preservation  thereof, 
and  for  the  transaction  of  business  connected  therewith,  in  con- 
formity with  the  powers  herein  before  granted. 

Mode  of  improvement  of  canal  and  locks. 

7.  All  that  part  of  the  improvement  which  shall  consist  of  a  con-  w 
tinuous  oanal  and  looks,  shall  in  all  its  parts,  except  as  lorein  before    p 
prescribed  in  this  chapter,  be  at  least  fifty  feet  wide  at  top,  and 
thirty  feet  wide  at  bottom,  with  net  Leas  than  seven  feit  depth  of 

water  at  all  seasons  of  the  year;   shall  he  pro\  ided  with  a  convenient  Ton-paths 

tow  path  at  !<  a-t  twelve  ft  and  adapted  throughout  it-  whole 

•  to  the  navigation  of  boats  of  not  leas  than  one  hundred  tons 
harden.    To  avoid  -  at  difficult  pass*  s,  and  '"  fur- 

nish proper  accommodation  to  the  trade  on  both  sides  ol  tl 
to  be  improved  as  herein  provided,  the  width  may  he  reduced  at  snob 

d  the  hed  of  the  said  rivers  shall  occasionally  b 
part  ef  the  line  <d  navigation  when  the  refluent  water  from  the  dam- 
will  admit  the  convenient  application  ol  horsepower.     The  canal,  at 

rm {nation,  shall  continue  to  be  <■  frith  the  tide" 

wat.  :  le  the  boats  which  usually  navigate  it  with  their 

■ 
I  th<-  river  or  return. 


102  <   \.V\I.    AND    NAVIGATION    COMPANIES. 


Repair*  of  work*  from  Richmond        B       num. 

Tupun  B.    Th«  Virginia  c:ni;il  company  shall  clear  nut  the  deposits  in   the 

present  line  from  Richmond  t"  Buchanan,  and  repair  all  the  present 
v.nrks:  thai  is,  ambankment8l  aqueducts,  bridges,  enlvertai  waste 
weirs,  looks,  dams,  booses  and  structures  of  every  kind,  repairing 
those  wanting  repairs  only,  and  building  aneu  the  works  requiring  to 
be  built,  bo  that  the  whole  line  from  Richmond  to  Buchanan  shall  be 
of  a  depth  of  nol  less  than  five  feel  at  any  point,  and  in  ;ill  reap  ota 
in  a  perfed  state  <>f  repair. 

I>  ;   -  ttra  lock  gates  and  weigh  loeki. 


!•.  They  shall  keep  on  all  tin- line  a  sufficient  number  of  dredge 
boats  to  keep  the  water  way  continually  free  from  deposit  and  ob- 
structions cf  every  kind,  and  a  sufficient  oumlx  r  of  extra  look  gates 
an<l  wickets  ready  to  be  Inserted  in  ease  of  accident.    They  shall 

likewise  have  weigh  locks  at  nol  less  than  three  points  on  the  line. 

Change  of  inn,  how  obtained* 

10.  The  line  of  the  improvement  and  the  portions  of  canal  and 
Black  water  navigation  shall  continue  according  to  the  present  ar- 
rangement of  the  worki  •  where  tiny  have  been  executed,  and  accord- 
ing to  the  plan  which  has  been  heretofore  adopted  lor  the  improve- 
ment by  the  James  river  and  Kanawha  oompan]  :  and  where  the  bed 
of  Jackson's  river  is  used,  and  iiiioii  the  Kanawha  river,  the  water  of 
these  rivers  shall  not  he  raised  by  dams  so  as  to  he  above  their  banks, 

Alteration  to      but  with  the  consent  of  the  Board  of  public  works.    I'm  If  tit 

iof  company  shall  desire  or  find  it  necessorj  to  change  materially  the 
,TorUa  general  line  of  their  improvement,  or  the  mode  of  improvement  on 
cither  of  the  divisions  not  now- in  use  for  transportation,  they  shall 
report  the  alteration  deemed  bj  them  to  be  necessary,  with  plans  and 
specifications  therefor,  to  tin-  Hoard  of  public  works.  If  the  altera- 
tion he  approved  by  said  board,  after  a  full  investigation  of  all  the 
circumstances  connected  therewith,  the  company  may  proceed  with 
the  work,  and  may  obtain  the  right  of  way  for  the  new  line  in  the 
manner  prescribed  in  the  preceding  chapter  for  the  acquisition  of  land 

Power  of  Board  and  materials,  apon  paying  all  damages  assessed  as  prescribed.  But 
if  the  Board  of  public  works  shall  deem  the  proposed  alteration  Inju- 
rious to  the  interests  of  the  stale,  or  of  snob  a  character  as  to  prove 
a  DUisanci  to  the  locality  in  which  (he  alt<  ration  is  desired,  they  shall 
have  authority  to  prohibit  the  same;  and  thereafter  the  company 
shall  he  confined  to  the  route  now  prescribed,  and  to  the  mode  of 

Injunction  i  mproveinent  heretofore  select  ed.      And  the  circuit  court  of  the  County 

in  which  the  change  is  proposed  to  be  made,  after  the  decision  of  the 
Board  of  public  works  i«  rendered,  may  award  an  injunction  to  pre- 


CANAL   AND    NAVIGATION    COMPANIES.  L06 

vent  the  said  company  from  executing'  any  work  upon  the  alteration 
proposed,  and  not  authorized  as  aforesaid. 

Not  to  interfere  with   Centred  rail  road. 

11.  The  company  shall  not,  even  with  the  consent  of  the  Board  Change  of  Una 
of  public  works,  make  any  alteration  in  the  location  or  in  the  plan 

of  the  canal  on  Jackson's  river,  by  which  any  injury  may  result,  01 
any  change  be  rendered  necessary  ill  the  location  of  the  Central  rail 
road:  hut  if  any  alteration  be  proposed,  the  same  may  be  made  !i 
with  the  a  sent,  or  by  agreement  willi  the  said  rail  road  company; 
and  if  the  two  companies  cannot  agree,  the  change  desired  shall  be 
reported  to  the  genera]  assembly,  and  shall  not  be  made  unless  au- 
thorized by  law. 

Or  with   Covington  and   Ohio  rail  road. 

12.  And  in  like  manner,  no  alteration  shall  he  made  in  tin   Ioi  a- < 
tion  of  the  company's  line  on  Dunlap's  creek,  by  which  any  injury 
may  result  or  any  interference  he  made  with  the  location  of  the  Co- 
vington and  Ohio  rail  road:  hut   if  any  alteration  he  proposed,  and  How  may  ba 
the  two  companies  cannot  agree,  the  change  desired  shall  only  be 

mad.'  by  authority  of  the  general  assembly  as  aforesaid.     And  if  on  Howci 
the  west  of  the  Alleghany  mountains  the  said  canal  company  shall  | 
propo  e  to  make  any  change  in  its  line  of  improvement  as  heretofore  A" 
Located  and   the  works  therein   as   heretofore   planned,  or  where  no 
such  location  or  plan  of  improvement   has  been  adopted,  and  there 
shall  be  any  interference  between  the  Lines  of  improvement  of  the 
Company  and  that  of  the  Covington  and  Ohio  rail  road,  which  can- 
not be  adjusted  by  the  engineers  of  the  respective  companh  s,  each 
company  shall  select  an  arbitrator,  ami  said  arbitrators  shall  locate 
both  Hi:'  -  at  such  points  of  interference,  so  as  to  prevent  any  unne- 
try  or  unreasonable)  expense  to  either  company  in  the  construc- 
tion of  its  line    And  if  the  said  arbitrators  cannot  agree  upon  the 
location  of  said  line-,  they  shall  select  an  umpire,  who  shall  perform 
the  duty  Ik  reby  aedgm  d  to  them. 

,t<mipted  u,  male  enlargement. 
1-'!.    In  tl  ment  of  tic  (anal.  i:. 

feet,  and  extending  the  length  of  the  locki 

d  company  shall  proceed  in  such  manner  ai  not  to 
apt  the  navigation  on  the  Line  of  their  u  r  a 

iod  than  two  months  at   anytime,  nor  oftenex  tfa 
t ; in •  -  in  any  MM  ■-.  ith  this   pro- 

obetruoting  th  I  f«.r  any  : 

such   1'iirj  ■  rt    to  tie-    Board  of  public  Works  of  their' 

to  make  either  of  th"  altera!  I;   and  if 


104  CANAL  AND   NAVIGATION   COMPAHIBF. 

said  beard  are  satisfied  that  ample  means  bare  been  provided  fort 
speedy  execution  off  the  work,  and  dial  the  company  hare  all  the 
necessary  materials  for  the  new  locks,  aquednots,  culverts,  bridges 
and  nthcr  works,  prepared  and  ready  for  use  on  the  locality  where 
wanted,  and  that  all  the  excavation,  embankment  and  walling  that 

can   be  done  while  the  water  is   \  et  in  the  canal,  has  been  <  tecuted, 

and  that  a  force  adequate  to  accomplish  the  work  with  the  ei  pedition 
neoeasary  for  the  protection  of  the  interests  of  the  state,  has  been 
provided,  then  they  shall  authorize  the  Mime  t<>  lie  forthwith  done. 
And  if  the  said  company  shall  not  complete  the  same  so  as  to  restore 
the  na\  igation,  within  the  time  specified,  the  said  board  shall  pn 
against  the  said  company  in  the  circuit  court  of  the  oountj  where 

the  proposed  work  lies,  by  motion,  on  teli  days"  notice:  and  if  the 
court  he  satisfied  that  the  work  has  no!  been  delayed  by  unavoidable 

Cause,  tiny  shall  impose  a  fine  open  said  company  of  not  less  than 
one  hundred  nor  more  tlian  one  thousand  dollars  for  everj  week's 
delay  beyond  the  time  specified. 

Time  fur  commencing  </>/</  completing  works. 

win n  works  to  14.  The  said  Virginia  canal  company  shall,  within  six  months 
from  the  time  of  their  organization  under  this  act.  commence  bona 
fide  their  works  of  construction  at  Buohanan,  proceeding  westward, 
ami  the  repairs  of  the  line  between  Richmond  and  Bnohanan  at  the 
same  time,  and  also  on  the  Kanawha  river  (as  soon  as  they  shall 
obtain  possession  thereof),  and  shall  complete  tin-  construction  of 
the  line  to  Covington,  and  tlie  repairs  of  the  line  from  Richmond  to 
Bnohanan,  within  three  years  from  the  time  of  commencement  afore- 
said, and  shall  complete  tin-  Kanawha  improvement  from  l.oup  (  reek 
shoals  to  the  month  of  the  river,  within  lour  years  from   the  time  ot 

When  completed  Commencement  aforesaid;  and  shall  complete  the  entire  line  from 
Richmond  to  the  mouth  of  the  Kanawha  river,  in  all  respects,  < "•  I M  pt 

the  enlargement  of  the  capacity  of  the  canal  from  Richmond  to 
Buchanan,  within  eight  years  from  the  time  of  oommenoement  afore- 
said; ami  shall  complete  the  enlargement  of  the  capacity  of  the 
canal  from  Richmond  to  Buchanan,  by  deepening  the  canal,  as  herein 
before  provided,  within  ten  years  from  the  said  time  of  oommenoe- 
ment. 

;■  amptianee. 

stn.i :  I").   As  a  further  guarantee  for  the  faithful  compliance  with  the 

:"'  provisions  of  this  act,  the  said  Bellot  <h^  sfinieres,  Brothers  and 

Company  shall  deposit  with  the  treasurer  of  this  state  the  sum  of 
one  million  of  dollars  in  the  six  per  cent,  registered  stock  of  the 
commonwealth,  to  lie  held  by  him  upon  the  following  terms  and  con- 
ditions, that  is  to  say  :  The  interest  upon  the  said  stock  while  on  de- 
posit shall  be  paid  to  the  said  BeHot  des  Minifies,  Bvethen  and 


CANAL  AND   NAVIGATION   COMPANIES.  105 

Company.     When  the  canal  shall  have  been  completed  to  the  mouth  When  to  be 
of  Craig's  creek,  one-half  of  the  said  sum  shall  be  returned  to  the 
said  company;   and  when  the  entire  line  shall   have  been  completed, 

in  the  manner  before  mentioned,  t<>  the  I  >hio  river,  if  within  the  time 
prescribed,  the  other  half  shall  he  returned  to  the  said  company: 
provided  the  annuity  to  the  stale  of  Virginia,  and  the  five  per  oen-  Proviso 
torn  interest  to  the  private  stockholders,  herein  before  provided  for, 
shall  have  been  punctually  paid;  and  if  the  s;mie  shall  nol  have  been 
punctually  paid,  then  so  much  of  the  said  sum  of  one  million  of  dol- 
lars as  may  he  necessary,  shall  he  appropriated  to  the  payment  of 

the  same,  and  the  residue  returned  to  the  said  Bellot  <h'f  Minieres, 
Brothers  and  Company.  But  if  the  said  company  shall  fail  to  com-  Failure  to  com- 
plete  the  construction  of  the  line  to  Covington,  and  the  repairs  of i,l,'1rwork 
the  line  from  Richmond  to  Buchanan,  within  three  years  from  the 
time  of  the  commencement  herein  prescribed,  or  shall  fail  to  com- 
plete the  Kanawha  improvement  from  Loup  creek  shoals  to  the 
mouth  of  the  river,  within  four  years  from  the  time  of  commence- 
ment, herein  prescribed;  or  shall  fail  to  complete  the  entire  line 
from  Richmond  to  the  mouth  of  Kanawha  river,  in  all  respects,  ex- 
cept the  enlargement  of  the  capacity  of  the  canal  from  Richmond 
to  Buchanan,  within  eighl  years  from  the  time  of  commencement, 
herein  prescribed;  or  shall  fail  to  complete  the  enlargement  of  the 
Richmond  dock  and  Tide  water  connection.  ;is  well  as  the  deepening 
of  the  canal  to  Buchanan,  within  ten  years  from  the  time  of  com- 
mencement, herein  prescribed,  the  said  sum  of  one  million  of  dol-vfhendei 

lars.   or  so  nmeli  thereof  as  shall  he  in   the  hands  of  the  treasurer  \°  paul  a9 

damages 

when  such  failure  shall  occur,  shall  he  retained  and  paid  to  the  com- 
monwealth of  Virginia,  as  stipulated  damages  in  money  for  such 
failure:   and  all  the  work  which  may  have  been  done  in  repair  and  when  property 

•veil  as  all   the  rights  which  the  said    Virginia  canal  ', 

"  .liimis  river  and 

Company  shall   have  acquired   in   the  property  and   franchises  of  the  Kanawha 
■  ii.  coiapany 

James  nvertmd  Kanawha  company,  shall  he  vested  in  ami  revert  to 

the  latter  company,  under  the  laws  in  force  at  the  time  this  act  takl  I 

effect :  which  company  shall  he  thereupon  reinstated  in  all  its  rights, 
and  he  subject  to  all  the  liabilities,  as  if  this  arrangement  had  oevi  i 
heeii  made;  and  shall  have  full  right  and  authority  to  re-enter  upon 
and  resume  the  control  of  the  whole  line  of  improvement,  as  pre- 
toribed  in  this  and  in  the  tenth  chapter. 

rrrr  an<]   Kurmirha   company   rrslorrd  in  fa   rights. 

16     Pot  the  purpose  specified  in  the  preceding  section,  a  general  when  m< 

the    stocKhold.  r-  of    the    r-aid    .I.'iTi  ■  ,i.d    K  a  1 1  a  w  h  a  ;  '  \  K 

company,  existing  at  the  time  this  act  tal  r  their  uu< 

and  nvened  by  the  Board  of  puhlic  works 

whicfa  meeting  the  company  shall  he  .  ,r,    |,r, . 

scribed  by  it-  charter:  provided,  however,  that  if  the  said  Virginia 
company  shall  henna1  aid  water  line  m> 


106 


CANAL    AND    NAVIGATION    COMPANIES. 


provement  from  Biohmond  t<>  the  Ohio  river,  within  eight  years  si 

nidi  or  to  complete  the  enlargement  «>f  the  Biohmond  dook  and 

Ti>'  •  inneotion,  and  deepening  of  the  oanal  from  Bicbmond 

i  tu  Boohanan,  within  I  aid,  they  may  bav<    two 

N  .in  of  time  in  each  one,  bj  paying  into  the  treasury  of 

eompuiiy  ,]1(.  oonwionwealth  of  Virginia,  for  the  said  commonwealth,  before 

the  expiration  of  the  said  ]><ri<nl  of  eight  years,  a  half  million  of 
dollars,  if  they  require  the  extension  of  time  for  the  completion  of 
the  water  line  as  well  a-  fur  the  said  enlargement :  or  by  payio 
hundred  thousand  dollars  before  the  expiration  of  ten  y<  an,  ii  they 
require  the  extension  ol  time  only  as  to  the  enlargement  aforesaid; 
which  >aid  sums  shall  be  as  liquidated  damages,  to  1m  paid  i"  the 
said  commonwealth  in  the  contingencies  aforesaid,  fur  the  loss  sus- 
tained by  Bueh  delay  or  delays  in  the  completion  of  the  said  works,  as 
herein  required :  provided,  however,  thai  if  the  said  Virginia  canal 
company  shall  have  proceeded  in  good  faith  to  exeoute  the  said 
work-,  then  the  genera]  assembly  may  Buspend  the  effect  of  the  pro- 
visions above  set  forth  as  to  the  stipulated  damages  aforesaid,  and 
the  Vesting  and  reverter  aforesaid,  and  allow  to  the  said  company 
BUOfa  further  time  as  to  it  may  seem  just  and  prop.  r.  to  Oomph  te  the 
said  works,  providing  lor  the  enforcement  of  the  provisions  hus- 
pended,  in  .  ase  .  [  a  second  failure  of  said  oompany  to  oomply  with 
tie-  terms  required  by  law. 


lily  |>"- 
i-itc-nd  time 


Commissioner  to  see  whether  charter  is  ohscrvnl  or  violated. 


Comn.e 

how  appointed 


Uiphts  :ind 
privilege! 


Report  <if  pro- 

-  ,  how 

iUHtii. 


Commi 

to  examine  line 

Report 


17.  To  insure  a  compliance  with  the  provisions  of  this  chiirter.  it 
shall  he  lawful  for  the  Board  of  public  works  or  the  executive  al  any 
time  to  appoint  a  commissioner,  who  shall  no1  he  a  stockholder  nor  a 
creditor,  nor  debtor  of  said  company,  whose  duty  it  shall  be  to  ex- 
amine the  proceedings  of  the  said  oompany,  ami  for  that  purpose, 
the  hooks,  record,  and  papers  of  the  company  shall  he  open  to  his 
inspection,  and  also  to  examine  the  works  authorized  to  he  con- 
structed and  repaired;  and  if  he  shall  deem  that  any  ol'  the  require- 
ments of  tin'  charter  have  been  violated,  or  omitted  to  be< iplied 

with,  he  shall   report  the  same   to  the    Board  of   public   works  or  the 
Dtive,   who,  if   they  deem  it  of  sullicieiit  importance,  shall  cause 

proceedings  to  he  instituted  against  said  oompany  by  quo  warranto, 

or  information  in  the  nature  thereof,  in  the  circuit  court  of  the  city 
of  Biohmond;  and  upon  complaint  on  oath  by  any  person  navigat- 
ing the  said  line  of  improvement,  or  any  part  of  it,  to  the  Board  of 
puhlic  works,  that  any  part  of  said  line  Bpeoified  in  such  complaint 
0  out  of  repair  as  materially  to  injure  the  navigation  in  such  part 
of  the  line,  the  Hoard  of  puhlic  works  may  appoint  a  commissioner 
to  examine  the  same,  who  shall  report  in  Writing  the  condition  of 
said  line  at  the  part  specified  in  the  complaint.  If  he  shall  report 
that  the  complaint  is  not  well  founded,  and  his  report  is  approved 
by  the  board,  the  complainant  shall  pay  to  said  commissioner  five 


CANAL   AND    NAVIGATION    COMPANIES.  107 

dollars  per  da}-  for  every  day  he  was  employed  in  making  and  re- 
porting upon  said  examination.  Bat  if  lie  shall  report  thai  it  is  will 
founded,  and  the  report  is  approved  by  the  board,  the  company  shall 
pay  to  said  commissioner  the  per  diem  compensation  aforesaid. 
And  the  Board  of  public  works  may,  upon  receiving  such  report,  Proceeding! 
direct  proceedings  by  motion  in  the  county  court  of  the  oonnty  in 
which  the  obstruction  exists,  and  recover  from  the  said  company  a 

line  or  fines  not  exceeding  five  hundred  dollars  for  every   week  the 

company  shall  fail  to  make  the  repairs  necessary  i  and  snob  motion 

may  be  repc  ated  at  the  discretion  of  the  Board  of  public  works,  until 
such  repairs  are  made. 


VI. — Of  the  assessment  and  collection  of  tolls;  and  regu- 
lations RELATING  THERETO. 

Use  of  works  on  paying  lolls. 

1.  The  Virginia  canal  company,  upon  all  those  parts  of  their  line  Work  free  for 
of  improvement  transferred   or  acquired  in   pursuance  of  this  act, 

shall  hold  the  same,  free  for  the  use  of  all  persons  whatever,  con- 
forming to  the  rules  and  regulations  of  the  company,  and  shall  be 
authorised  to  demand  and  receive  on  such  persons  and  their  pro- 
perty, the  tolls  prescribed  herein,  in  the  mode  and  within  the  limits 
hereafter  provided.  • 

2.  Whenever  a  Section   often   miles  in   length,  not  heretofore  in  Section  of  tea 

impleted,  and  be  opened  for  navigation  in  the  manner 
ribed  by  this  act,  upon  any  portion  of  the  canal  proposed  to  be 

made,  the  same  shall  be  free  for  the  use  of  all  persons  and  their  pro- 
perty, upon  paying  the  lawful  tolls  and  conforming  to  the  rules  and 
regulations  of  the  company. 

•''.    In  like  manner,  when  the   improvements   in  the   navigation  of  RlTea 
die  riven  hereby  authorized  shall  have  been  made,  their  navigable 

waters  shall  be  public  highways,  free  for  the  use  of  all  peTBOni  and 
tlon-  properly,  upon  paying  the  lawful   tolls,  and   conforming  to 

and  r<  gulal 

l     I'         d  company  shall  hold,  in  like  manner,  the  Kanawha  Kanawha  turn 
turnpike,  and  the  Blue  Ridge  turnpike  and  ferry,  free  for  tl 
all  pei -Mi,-  and  their  property,  upon  paying  the  lawful  tolls,  and  con- 
form 


r>.    In  like  manner,  or  fcrri<  -  In  r<  tofore  the  pro]  • 

river  and  Kanawha  company,  and  all  ■  "ii- 

■trnot  oUm  •  otb<  r  f<  n  m- 

p;in\  before  Uk  !.   and   which    hav.    nut   y-    \ 

noted  ot  parehmsedi  and  which  by  this  »!1  pa»-  to  the 


108  \I.    AX1>    NAVICA  ■■:  'AMI  Eg. 

;  Virginia  canal  company,  shall  be  held  hy  them,  free  for  tin-  086 
<>f  all  persona  and  their  property,  upon  paying  the  lawful  tolls,  ami 
QSBfonning  t < ►  said  rules  and  regulatio 

. 

Ton*.  6.   The  tolls  on  the  line  may  be  regulated  by  the  Board  of  public 

works,  within  the  limits  presoribed  by  tliis  Motion.  In  the  mean 
time,  the  said  Virginia  canal  oompany  may  preaoribe  soob  a  tariff 
:.,  f  of  tolls  as  they  may  deem  expedient :  provided,  thai  during  the  con- 
struction of  the  work,  the  tolls  shall  no!  exoeed  two  and  a  half  i 
jK-r  ton  per  mile,  m>r  be  lesa  than  one  cent  per  ton  per  mile  on  mer- 
chandise and  manufaotures,  excepl  sail  and  pig  iron,  on  which  the 
tolls  shall  not  be  more  than  seven  and  a  half  nor  Lose  than  two  and 
a  half  mills  per  ton  per  mile;  shall  not  exoeed  our  and  a  half  cent 
per  ton  per  mile,  nor  be  lest  than  five  mills  per  ton  per  mile  on  agri- 
cultural products;  shall  not  exoeed  one  cent  per  ton  per  mile  not 
he  less  than  two  mills  per  ton  per  mile  on  products  of  mines  and 
forests,  and  after  the  completion  of  the  improvement  to  the  Ohio 
river,  shall  not  exceed  two  Cents  per  ton  per  mile,  nor  be  less  than 
five  mills  per  ton  per  mile  on  merchandise  and  manufaotures,  except 

salt  and  pig  iron  :   shall  not  exceed  one  cent  per  ton  per  mile,  nor  he 
lees  than  two  and  a  half  mills  per  ton  per  mile  on  agricultural   pro- 
ducts;  and  shall  not^xceed  live   mills  per  ton   per  mile,  nor  h. 
than  one  mill  per  ton  per  mile  on  products  of  mines  and  fore-ts.  and 
Company  may     on  salt  and  pig  iron  :   provided,  that  the  Virginia  canal  company  may 

redMetoua        1(. ,],,,.,.  ti„.  t(,ns  (,n  t],,.  through  freight  below  the  minimums  lived  in 

this  act :  hut  when  the  tolls  are  so  reduced  on  through  freighl  going 

.  ii  shall  apply  also  to  freight  going  east  from  any  point  on  the 

Kanawha  ri\«  r.  heiow  the  mouth  of  the  Cauhy  river  :  ami  provided 
further,  that    the  toll   ma\    he  brought   below   the   minimum   rate  mi 

any  article,  by  the  Virginia  canal  company,  with  the  consent  of  the 

Tolls  oa  said  hoard:    and   provided   moreover,  that    from   the  time  the  works 

on  the  Kanawha  river  are  delivered  to  the  Virginia  canal  company, 
the  tolls  on  the  way  tonnage  on  that  river  not  passing  on  the  line  of 
the  improvement  east  of  the  Great  falls,  shall  not  exceed  one  cent 
per  ton  per  mile,  nor  he  less  than  two  and  a  half  mills  per  ton  per 
mile   on   merchandise    and    manufacture-;,  except   salt    ami   pig  iron; 

shall  not  exoeed  one-half  cent  per  ton  per  mile,  nor  he  less  than  one 
and  a  quarter  mills  per  ton  per  mile  on  agricultural  produots;  ami 

shall  not  exceed  two  and  a  half  mills  per  ton  per  mile,  nor  he  less 
than  one-half  mill  per  ton  per  mile  on  products  of  mines  and  forests, 
and  on  salt  ami  pig  iron. 

Tolls  on  the  Kanauha  turnpike  "«-/  ///''    Blur  Ridge  turnjjikr,  and 
on  hridgi  I  </<"/  Ji  rries. 

Tolhontura-         7.    The  said   Virginia  canal   company  shall  have  authority  to  de- 
pikt'8  mand  and  collect  On  the   Kanawha  turnpike  and  on  the  Blue  Kidge 


CANAL  AND   NAVIGATION   COMPANIES.  3  09 

turnpike  such  tolls  as  they  may  assess  on  each  section  of  ton  miles, 
not  exceeding  tone  cents  for  every  animal  drawing  any  vehicle 
thereon,  and  six  cents  for  every  wheel  to  any  snob  vehicle;  ten  cents 
for  every  person  on  horseback;  three  cents  for  every  horse  or  mole; 
one  cent  per  head  for  neat  cattle,  and  five  cents  per  score  of  hogs  or 
sheep. 

8.  They  may  assess   and    collect,  in   like   manner,  toll   upon   any  On  w:  i 
bridge  herein  before  transferred   to  them,  npon  which  toll   has  here- 
tofore been  allowed,  except  as  herein  after  provided,  a  maximum  toll 

not  exceeding  three  cents  for  every  animal  drawing  any  vehicle  over 
the  same,  and  six  cents  for  every  wheel  to  any  such  vehicle:  ton 
cents  for  every  person  on  horseback;  three  cents  for  every  horse  or 
mule:  one  cent  per  head  of  neat  cattle  ami  ten  cents  for  every 
More  of  sheep  or  hi  - 

Toll  on  boats  and  passengers. 

9.  The  said  company  may  also  demand   and  collect,  on  any  part  Toll  on 

of  their  water  line,  such  tolls  as  they  may  a-sos.  on  boats  and  other  aD    pa8l,e,18cr* 

water  craft,  not  exceeding  five  mills  per  mile,  and  on  passengers 
conveyed  by  any  person  or  company  for  compensation,  two  mills  per 
mile  on  each  passi  ogt  r.  But  if  any  company  or  person,  in  order  to  Ton  for  froe 
carry  on  a  competition  with  any  other  company  or  person,  shall  cany  ' 
passengers  without  compensation,  when  it  is  their  business  to  convey 
_'  r-.  .-neii  company  or  person  shall  not  be  exempt  from  such 
toll. 

U  for  paying  toll  quarterly,  or  commuting  tolls. 

10.  The  said  com], any  may  contract  with  citizens  residing  on  any  c  ntra 
section  of  their  water  line,  or  on   the  line  of  the   Kanawha  or   Blue  qSIrteriyfor 

R         turnpike,  for  the  payment  of  their  tolls  quarterly  in  advance,  ^"""""ing  tdh 
or  by  the  month  or  year,  also  with  mail  contractors,  upon  such  terms 
ami  under  jach  regulations  as  they  may  prescribe;  or  they  may 
Commute  the  tolls  With  any  person,  taking  of  him  a  certain   sum  an- 
nually in  lieu  of  tolls. 

■   o?n   loll. 

1 1 .  The  general  assembly,  while  the  said  work*  were  in  possession  t  -■>•■  ; 
of  tie  '  r  sad  Kanawha  i  ompany,  having  i  \<  mpted  ot  1 1 

i-  and  things  from  the  payment  of  toll  at  sundry  ptaoM  on  the 

continued  as  foil 

to  VMt  : 

'11  i»liall  In  n  after  be  tak'  n  from  person*  CTM 

brier  or  Oaoley  bridges  in  a  pole  tonerothei  riding  • 

other  than  the  toll  imposed  by  i  any  on  such  st 


no 


.  [Q  \'I  [ON    COMPANIES. 


h  or  i i-lin lt  carriage,  and  tin-  horses  of  other  team  drawing  the 
Tkttentotha    paux-.    No  tell  shall  be  demanded  of  visitors  :it  the  springs,  when 
riding  or  passing  nut  and  in  from  »>r  to  toe  springs  for  exerois 
eep(  for  passing  Greenbrier  bridge. 


»i  rtagi 


Exemption  on 


13.  The  roada  and  bridges  which  have  been  o  I  to  provide 

accommodation  for  the  trade  of  the  south  ncs  river,  .-hall 

continue,  a-  heretofore  required,  to  be  free  for  the  ose  of  all  persons 
ami  things  going  to  the  canal  fur  the  purpose  of  being  transported 
upon  it.  or  going  from  the  canal  immediately  after  having  1"  an 
transported  upon  it.  and  conforming  to  the  lawful  rales  and  r<  gula- 
Wbo  to  p*y  toil  tions  of  the  company:  but  a  reasonable  toll,  within  the  limit  herein 
before  pn  scribed,  may  be  demanded  and  collected  upon  all  other 
persons  and  things  using  the  same  for  other  purposes. 


in 

■  in  and 

urt 


14.   If  the  said  company  shall  erect  abridge  their  canal 

and  the  county  of  Powhatan,  at  or  mar  the  town  of  Jefferson,  or  at 
or  near  the  town  of  Jackson  in  the  county  of  Botetourt,  no  toll  shall 
be  charged  on  said  bridges  against  any  person  going  to  or  coming 

from  their  canal,  and  the  tolls  charged   upon  other   persons  shall   be 

as  the  said  company  may  prescribe,  not  exceeding  the  rates  herein 
before  limited  on  bridges:  and  if  said  bridge  at  Jefferson  be  con- 
structed, then  the  company  are  hereby  authorized  to  purchase  the 

ferry  al  said  town. 


Baton  ■ 

;md  carta 


Who  ix>  nipt 


15.    In  all  cases  of  tolls  on  any  of  the  company's  roads  or  bridges, 
return   wagons  <>r  carts   .-hall    pay   one  half  tolls  only;   and   no  toll 

shall  lie  demanded  or  received  from  persons  residing  within  four 

miles  ot   any  gate  on  any  such  road,  and  who  shall  not  ha\e  traveled 

a  distance  upon  said  road  exceeding  four  miles.     All  persons  on 

Whose  land  any  toll  gate  may  Hand,  shall  be  exempt  from  all  tolls  at 

such  gate;   and  persons  owning  plantations  on  both  Bides  of  any 

gate,    not    exceeding    lour    miles   distant   from   each    other,   shall    be. 

i|it  from  all  tolls  on  their  stock,  implements  of  husbandry,  and 
persons  employed  in  conveying  the  same  from  one  plantation  to  the 

other. 


I  .-ion  16.    Persons  going  to  or  returning  from  mill,  for  the  purpose  of 

procuring  meal  for  the  consumption  of  families,  shall  be  exempt  from 

the  payment  of  toll  on   the  Kanawha  road  and   the  Blue  Ridge  turn- 
pike and  bridges. 


Toll  bridges  across  North  river. 


Bri'lfre  nernsa 
North  river 


17.    The  said  company  shall  have  authority  to  continue  to  use  their 

across  North  river  in  the  county  of  Rockbridge  as  toll  bridges, 

and  may  demand  and  eollr.t  thereat  such  tolls  as  they  may  assess, 

Exemption  from  not  exceeding  the  rates  prescribed  herein  for  other  bridges.     But  no 

tolls  shall  be  collected  from  the  citizens  of  Rockbridge  for  crossing 


tolls 


CANAL   AND   NAVIGATION    COMPANIES.  Ill 

the  bridge  near  Lexington.  And  said  company  sliall  have  power  to 
Bell  and  transfer  its  interest  and  franchises  in  said  bridge  near  Lex- 
ington to  the  Junction  Valley  turnpike  company  on  such  equitable 
terms   as   may   be   agreed   on   between    the  companies,  and    tlie   said 

Junction  Valley  turnpike  company  shall  have  power  on  its  part  to 
make  BUCh  contract  with  said  canal  company  as  may  be  m lOeSMUty 
and  proper  in  the  premises. 

Tolls  on  stage  coaches. 

18.    The  said  company  is  hereby  authorized  to  regulate  from  time  stace coaehrs 
to  time  the  tolls  to  lie  demanded  and   received  on  stage  coaches  run- 
ning hereafter  on  the  Kanawha  turnpike  or  the  l>lue  Iiidge  turnpike. 

f'ills  of  lading. 

]'K  Every  master  of  a  boat  or  float  conveying  property  on  the  BUI  of  lading 
wati  r  line  of  the  said  company  shall,  on  receiving  such  property  on 
board,  cause  to  be  made  out  a  true  bill  of  lading  or  manifest  of  such 
property;  which  shall  be  signed  by  himself  and  the  consignor.  Th  e  what  to  contain 
bill  i-  to  contain:  1st-  The  name  of  the  place  or  mile  stone  at 
which  any  of  the  property  therein  mentioned  was  shipped,  and  the 
name  of  the  place  or  mile  stone  to  which  it  is  to  be  cleared  :  2d  -The 
number  of  hogsheads,  barrels,  boxes,  packages,  feet  of  lumber  (board 
measure),  bags  and  bushels  of  each  species  of  articles:  .'M—  A  speci- 
fication of  the  property  so  shipped  by  said  consignor,  and  the  quantity 
and  gross  weight  of  each  species.  And  the  legal  tolls  shall  be  de- 
mandable  and  payable  to  the  collector  of  tolls  accordingly. 

Slatrmrnl  of  passengers. 

The  owner  or  master  of  every  boat  used  for  carrying  pas-  statement  of 
-.  shall   cause  to  be  made  out,  a  statement  of  the  pai 
carried  in  hi-  bout,  verified  under  oath,  which  he  shall  deliver  to  the 
•  tie  i<r  at  the  place  of  bis  destination ;  and  it  shall  In-  lawful 
for  the  toll  gatherer  to  whom  such  statemenl  i-  returned,  to  admi- 

i  for  that  purpose:   which  oath,  if  !;. 
falsely,  shall  subject  tin'  person  taking  it  to  the  penaltit  -  pi'  •-  idi  d  by 
oni  i  on\  h  ted  of  perjury. 

-    of    (oils. 

21 .  hall,  from  time  to  time,  cattM  a  list  of  it*--  i  ;=t  nf  toll*  to 

i.  and  have  sm  h  rate-  pottl  d  vrbfflU  tin  y  cm    '°  ru 

i  k  :    and    when    any  ma!. 

ohang  in  t  'oil  shall  be  adi  t  rt 

in  sn  nformation  thereof 

to  the  public. ;  and  reasonable  notice  of  such  prop)  lull 

be  given  tolls  pliall  ta) 


112 


\I.    AND    NAVIGATION    COMPANIES. 


If  not  paid 


Toiuto  ..'.   A  oolleotoi  of  toDa  for  nid  company  may  refuse  to  let  any 

penon  or  thing  pan  on  the  company's  works  until  the  toD  bo  paid. 

If  Any  pen r  tiling  paai  any  toll  gate  or  other  proper  place  for 

payment,  without  paying  or  tendering  the  toll,  snob  perron,  or  the 
owner  or  person  in  possession  <>f  moh  thing,  shall  forfeit  to  the  oom- 
pany  ten  dollars.  And  the  like  forfeitnre  shall  be  inonrred  whan 
any  person  ><r  thing  subject  to  toU  in  passed  through  any  private 
ban  or  fenoe  or  other  place,  f<>r  the  purpose  of  evading  the  payment 
of  the  toll.  Ain  snob  oolleotor  knowing  of  i  violation  of  ti 
ti<iii.  shall  immediately  make  it  known  to  the  president  or  one  of  the 
directors,  [f  be  tail  so  to  do,  he  shall  forfeit  to  the  company  twenty 
dollars,  which  may.  if  so  iniicli  of  h\<  compensation  remain  unpaid, 
be  deducted  therefrom. 


Penalties  on  [f  any  oolleotor  shall  receive  fur  tolls  more  than  i-  lawful,  ho 

shall  pay  to  the  party  grieved  thereby  the  amount  unlawfully  re- 
ceived, and  two  dollars  besides.  Ami  if  said  collector  shall  unreason- 
ably detain  any  person  or  thing  at  his  plaoe  of  receiving  toll,  ho 
shall  forfeit  to  the  party  injured  five  dollars:  Either  of  which  penal- 
ties, if  the  said  collector  be  unable  to  pay,  may  be  recovered  of 
said  company. 

•vf.r  ■.' 1.   Every  oolleotor  shall  account  for  and  pay  to  the  proper  ofl 

"  ''''•  and  at  the  time  prescribed, the  tolls  which  he  may  have  received  Gram 
time  to  time:  and  for  foiling  to  do  so,  he  shall  forfeit  to  the  company 
fifty  dollars. 


collected 


J  >. .11, .':;-•.  - 


/         r,  how   n  :    /hi '/ii"  "I  from  collector)  enf 

.   Any  fine  herein  imposed  shall  be  recovi  rable  by  warrant  be- 
fore a  justice  of  the  county  or  corporation  in  which  the  offence  was 

committed:  and  the  said  < ipany  may  also  institute  and  prosecute 

anj  prooeodinj  ■  or  proper  to  enforce  pa]  menl  of  w  bat  may 

be  <lne  from  any  collector.     Such  proceeding  may  he  in  the  name  of 

the  company,  in  the  county  or  circuit  court  of  the  county  wherein  the 

Collector  is  employed  in  the  coll. ciioii  of  toll,  and  may  he   by  suit   or 

motion  againsl  the  collector  and  bis  sureties,  and  his  and  their  per- 
sonal representatives ;  and  the  judgment  or  decree  shall  he  for  the 
principal  ram  remaining  due,  with  interest  thereon,  ami  fifteen  per 
centum  damagt 


/'  Us  on  troops. 

Tollson  troops        26.    Troops  or  perron-  in  the  military  or  naval  service  of  thi 

with  their  arms,  munitions  and  baggage,  shall  ha\e  the  preference  to 

,  other  persons  and  property  in  passing  over  the  line  of  the  company's 

works,  or  through  or  over  any  of  its  locks,  aqueducts,  tunnels  or 
bridges;  and  the  tolls  for  such  troops  or  persons,  and  on  their  arms, 
munition-  ami  baggage,  shall  not  he  more  than  one-fourth  of  the  rates 


CANAL   AND    NAVIGATION    COMPANIES.  113 

on  other  persons  or  tilings  of  like  kind.  If  there  he  a  failure  to  give 
any  sueh  person  or  thing  passage  over  the  same,  in  a  reasonable  time, 
tli«-  said  company  shall  forfeit  for  each  person  or  thing  not  less  than 
two  nor  more  than  twentv  dollars. 


Collection  of  tolls  on   Kanairlia   river. 

27.  Manifests  of  the  cargoes  of  all  boats  or  other  vessels  naviga-  Toll?  on 
ting  the  Kanawha  river,  shall  be  filed  with  the  receiver  of  tolls,  de- 
signating the  names  of  the  cargoes,  of  their  owners,  and  the  masters 

of  the  boats  or  other  vessels  in  which  the  said  cargoes  shall  be 
shipped,  and  of  the  said  boats  or  vessels,  together  with  that  of  the 
shippers  and  other  agents  having  the  control  or  direction  of  the  said 
cargoes:  and  the  legal  tolls  shall  be  demandable  and  payable  to  the 
collector  of  tolls  accordingly;  and  in  all  cases  of  failure  to  comply 
with  (he  regulations  hereby  established,  and  to  pay  the  tolls  afore- 
said, it  shall  he  the  duty  of  the  said  collector  to  seize  and  hold  the 
beats  or  other  vessels  concerned  in  the  neglect  or  evasion  thereof, 
until  the  law  is  fully  complied  with;  and  if  that  be  not  done  within  PravUfa 
the  space  of  two  days  from  the  time  of  such  seizure,  it  shall  be  law-  ^Uect 
ful  for  the  collector  of  tolls,  after  giving  five  days'  previous  notice  of 
his  intention,  by  advertisement  at  the  door  of  the  courthouse  of  the 
county  of  Kanawha,  to  sell  at  public  auction,  for  ready  money,  po 
much  of  the  said  cargoes  of  BUCd  boats  or  vessels  as  will  be  sufficient 
to  pay  the  tolls  due,  with  the  addition  of  fifty  per  cent,  thereon  and 
the  necessary  expenses  incurred  by  the  said  collector  in  seizing,  se- 
euring  and  taking  care  of  the  said  vessels  and  cargoes;  and  the  said 
boatl  "i-  vessels,  with  the  remaining  cargoes,  and  any  balances  of 
money  which  may  remain  from  the  sales  aforesaid,  shall  then  be  re- 
turned to  the  lawful  owners  or  proprietors  thereof,  or  to  their  agents; 
and  the  Virginia  canal  oompany,  their  collectors  or  agents,  may  sue  \:.„ 
out  an  attachment  before  any  justice  of  the  peace  against  boats  an,]  b"w  "1cd  0B' 
DOB  the  Kanawha  river  for  tolls  due  and  unpaid  by  the  said 
let,  their  owners,  masters  or  shippers:  which  attach- 
ment shall  be  pro-,  cited  is  in  oti  I  attachment  for  debt. 

28.  Th-  f  tolls  shall  be   authorized  to  board   and  eoterpowar 

all  1m. at-  or  Sthei  vessels  in  the  said   ri\<r.  whether  in  the   stream  or  m  "f  1o"' 

at  anchor,  or  at  the  landing-  on  either  shore  of  the   Kanawha  ri\«r. 

or  the  WjS  Or  inlets  thereof,   and   to   demand  and   receive   the   ]• 

tolls  on  all  the   OOimoditieS  contained   in    Um 

wh' ther  fully  or  Ul  pari    loaded;   and   in    case   of  failufl  the 

said  loll-  when  thai  ieaaaaded,  the  said  b  tad  the 

shall  be  liable  to  seizure,  sale  ai  on  in  all 

1  in  the   f,  ;                              i.      And  all  ai 

■1   of  any  boat   or  Ot  1  in  the  (-aid 

n\er.  refswiag er  acfleot  dm  bb  wheat  letjnired  by  the 

tor  to  do  SO,   lhall  forfeit   and   pay   tweatj  dollar-   to  •'■ 
8 


Ill  canal  ami   bTAYIGATIOH   COMPAJalEB. 

the  said  company,  to  be  recovered  before  any  justice  of  t! 
and  all  persona  resisting  the  Mid  receiver  in  the  execution  of  any 
powera  given  to  him  by  law.  dial]  be  deemed  guilty  of  a  misde- 
nii  lanor,  and  be  prosecuted  accordingly. 

.  f.,r  .  '    All  persons,  whether  prinoipali  •  who  shall  ship  off, 

authorize-  to  In-  shipped  off,  any  article  subject  to  the  payment  of 
toll,  without  having  first  entered  the  same  with  the  receiver  of  tolls, 
aa  herein  prescribed,  and  paid  the  tolls  duo  thereon!  shall  forfeit  and 
pay  three  times  the  amount  of  the  tolls  on  the  articles  so  shipped  off, 
1 1  be  recovered  for  the  ose  of  the  said  oompany  before  anj  justice  of 
the  !' 


VII. — Of  dividends  and  LiAmxmsfl  ro  btocke 

Dividends, 

udj  l.   ^\"  li i  1< •  the  works  are  in.progreas,  and  after  they  are  oompletodi 

the  Virginia  canal  oompany  may  declare  and  make  semi-annual 

dividends  of  so  much  of  the  surplus   profits  of  their  entire  work  M 

they   may   deem   it    prudent    to  divide;    which    shall   be    paid   to   the 

stockholders,  or  to  their  order,  in  such  manner  aa  the  by-laws  may 
prescribe. 

s.t  proflis  not       2.  The  annual  net  profits  of  the  oompany  proceeding  from  all 

13  P«  sources,  shall   DOVer  exceed   fifteen    ]>er  centum   ujum   their  capital 

stock  :  and  the  tolls  shall  be  regulated  from  time  to  time  bo  aa  to  re- 
strain the  profits  within  that  limit.  All  reductions  of  the  tolls  made 
for  that  purpose,  BhaU  be  made  ratably  on  every  division  of  the  com- 
pany's line  of  improvement.    The  dividends  declared  aa  aforesaid 

upon  each  share  Of  stock  hereafter  to  he  subscribed,  shall  he  in  pro- 
portion  to  the  amount    actually  paid   thereupon   by  the  stockholders. 

But  the  corporations  and  Individual  stockholders  at  the  time  of  the 

..  ni/.ation   of  the   company,    to   whom   certificates   of  stock,    upon 

which  the  full  amount  has  been  paid,  shall  have  been  issued,  shall 

be  paid  dividends,  rating  the  said  certificates  at  one  hundred  dollars 
per  share.      Those  who  have  not  paid  in  lull,  shall   receive  dividends 

only  in  proportion  to  the  amount  actually  paid. 

Annuity  to  dm.  3.  Before  any  dividend  shall  be  declared  to  others,  the  annuity  to 
■  the  state  of  one  hundred  and  thirty  live  thousand  dollars,  and  the 
live  per  centum  per  annum  agreed  to  be  paid  upon  the  stock  owned 
by  the  corporations  and  individuals  at  the  time  of  the  organisation 
of  the  company,  and  their  assigns,  shall  be  set  aside  and  provided 
for.  as  herein  prescribed.  And  semi-annually,  on  first  day  of  Ja- 
nuary and   the  firsl  day  of  July,  the  said  company  shall  pay  into  the 

public  treasury  of  the  state,  in  the  mode  prescribed  by  law,  the  sum 

of  Sixty-Seven   thousand    five    hundred    dollars    in   discharge  of  said 


CANAL   AND    NAVIGATION    COMPANIES.  I 

'.minify;  and  at   the  f-ame  periods   shall   pay   to  the   private   Stock- Two  and 
holders  provided  fol  in   the  sixth  article  of  said  agreement,  two  and  PBt,  gtocUtol- 
\  half  per  cent,  mi  their  capital  stock,  until  the  line  shall  have  been     " 
completed  to  the  Ohio  river,  when  said   intere.-t    shall  e<  Me,  and   the 

laid  private  stockholders  shall  share  with  the  other  stockholders  the 
lividends  declared  by  the  company. 

Proceeding  to  seq>/<  ducs  and  property, 

4.  Tf  the  said  company  shall  fail  at  any  time  to  pay  any  SUohwheaj 
■emi-annual  installment  el'  .-aid  annuity,  then  out  of  the  sum  of  one. 
nillion  of  dollars  deposited  in  the  treasury  of  the  state  by  the  said 
Virginia  canal  company,  according  to  the  fourteenth  article  of  the 
■aid  provisional  agreement,  as  set  forth  ill  the  first  chapter,  and  the 
it  which  may  he  due  thereon,  the  auditor  of  the  state  shall 
■ai-e  and  pay  into  the  puhlic  treasury  the  said  sum  of  si\tv-s<  ven 
thousand  live  hundred  dollars,  until  the  said  sum  of  one  million  of 
lollars  is  exhausted.  And  if  after  the  said  sum  of  one  million  of 
lollara  is  exhausted,  the  said  company  shall  fail  at  any  time  to  pay 
uu  Mich  annual  installment  of  said  annuity,  and  it  shall  remain  un- 
paid for  three  months  after  it  becomes  due.  then  the  auditor  of  puh- 
io  accounts  shall  notify  the  attorney  general  thereof,  who  shall  im- Doty  of  attor- 

nediately  proceed,  on   thirty  days*  notice  to  the  president,  treasurer"'  '  e  '''ra 
ir  any  director  of  the  said  company,  to  move  in  the  circuit  court  of 
'  v  (if  Richmond  for  judgment  against  such  company.    Such  mo- 
ion  shall  have  precedence  over  all  other  cases;  ami  upon  satisfactory 

noof  that  the  said  installment  has  not  Inch  paid,  tin'  said  court  shall 

pve  judgment  against  said  company,  and  sequester  its  entire  reve-  hov 

id  property;  and  the  Board  of  public  works  shall  appoint  a 
■eceiver.  The  said  receiver  shall,  with  the  approbation  of  the  Board 
if  puhlic  works,  appoint  all  necessary  agents  to  aid  him.  and  shall 

>ay  into  the  treasury  such   part  of  the  gr088  v  c<  ipta  of  the  company 

is  will  pay  the  amount  due,  with  interest  thereon;  whereupon  the 
tration  -hall  wholly  cease  and  determine;  hut  during. such 

the  sni'l  r«  ceiver  and  hi  '  all.  under  tin'  direction 

if  the  Board  of  publ  be  paid  for  tie  I  of  mob 

■"     if  tii    laid  company  shall  fail  to  pa-  ■  [  the  ■•aid  prirateHoY.il 

semi-annual   interest   on   their   stock   for  five  da 
ifler  the    sail.-     i-    d<  mand<  d.    upon    the    application   of   null   sto(  k- 

lohl. ts.  upon  ten  da]  in- 

jinny.  at   tb(  '    the  eon;  Richmond,  the   auditor  of  the 

out  of  the  said  sue 

illion  of  .;  1  jn  the  treasury  by  the  said  company, 

any 
>f  them  may,  at  the  d.  by  warrant  befon 

he  p, 


110  CANAL    AND    NAVIGATION    COMPANIES. 

amount,  or  if  not,  l>y  action  of  debt  in  the  circuit  court  of  the  city  of 
Richmond.    And  when  the  said  work  shall  be  completed  to  the  Ohio 

river  as  aforesaid,  the  payment  of  the  said  live  per  cent,  per  annum 
shall  cease. 

How  dividends        6.    The  dividends  which  may  he   payable  to  the  commonwealth  of 
to  other  partial    __.     .    .  ,  ,    ,    . , "  ,        ,  .  ..,..,. 

paia  l  irginia   upon   the  stock  held  by  the  state,  m  trust   for  individuals 

who  failed  or  refused   to  receive   the  same,  shall   be  paid,  as  other 

public  dues  to  the  state  are  paid,  to  the  treasurer  of  the  state,  upon 

demand. 

Dividends,  icherc  to  be  paid. 

Dividends,  7.    The  dividends  and  other  dues  to  the  American  stockholders, 

other  than  those  herein  before  provided  for,  shall  he  paid  at  the  com- 
pany's office  in  the  city  of  Richmond.  Those  of  the  foreign  stock- 
holders may  he  paid  in  Paris,  or  elsewhere,  as  may  he  prescrihed  hy 
the  by-laws  of  the  company. 

Dividends  to  be  credited  against  debts. 

Dividends  to  be       8.    If  any  stockholder  he  indebted  to  the  company,  his  dividend, 
debts0  B    °r  80  much  as  may  be  necessary,  shall  be  passed  to  his  credit,  in 

payment  of  the  debt. 

When  directors  liable  for  illegal  dividend. 

Whan  directors  9.  If  the  board  shall  declare  a  dividend  of  any  part  of  the  capital 
dividend  g"  Btobk  of  the  company,  all  the  members  of  the  board  who  shall  be 
present,  and  not  dissent  therefrom,  shall,  in  their  individual  capacity, 
be  jointly  and  severally  liable  to  the  company's  creditors  for  the 
amount  of  capital  so  divided,  and  may  be  decreed  against  therefor, 
on  a  bill  in  equity,  filed  on  behalf  of  such  creditors;  and  moreover, 
each  stockholder  who  shall  participate  in  such  dividend,  shall  be 
liable  to  such  creditors  to  the  extent  of  the  capital  stock  so  received 
by  him. 

Notice  of  dividend  to  be  published ;   uncalled  for  dividends  to  be 
paid  into  state  treasury. 

Notice  of  10.   Of  every  dividend  declared,  and  of  the  time  and  place  ap- 

dividends  pointed  for  the  payment  thereof,  the  board  shall  cause  notice  to  be 

published  in  some  newspaper  printed  in  the  citj'  of  Richmond,  and 
shall  also  give  notice  thereof  in  such  manner  as  they  may  deem  ex- 
pedient, in  the  city  of  Paris.  In  January  eighteen  hundred  and 
sixty-five,  and  once  in  every  five  years  thereafter,  they  shall  publish 
in  like  manner  a  list  of  all  dividends  which  have  remained  unpaid 
for  two  years  or  more,  with  the  names  of  the  persons  to  whose  credit 


CANAL   AND   NAVIGATION    COMPANIES.  117 

such  dividends  stand.     All  dividends  not  called  for  within  the  term  Uncalled  for 
of  five  years  after  they  have  heen  declared,  shall  he  paid  into  the 
public  treasury,  to  be  subject  to  the  order  of  the  shareholder  or  his 
legal  representative,  when  called  for,  the  shareholder  establishing 
his  right  thereto,  to  the  satisfaction  of  the  auditor  of  public  accounts. 

VIII. — Regulation  for  the  inspection  of  boats,   aijd   for 

BOATMEN  AND  OTHERS;  HARBOR  AND  DOCK  MASTERS;  TO  PRE- 
VENT THE  COMPANY'S  WORKMEN  OR  EMPLOYEES  FROM  VIOLAT- 
ING THE  PEACE;  EXEMPTING  THEM  FROM  WORKING  ON  OTHER 
ROADS   AND   FROM    MILITIA   DUTY. 

Inspectors  of  boats. 

1.  The  said  company  may  require  such  of  the  lock  keepers  or  toll  inspectors  of 

i  -  *  .     .  ,.  ,  .  .  ,    boats 

gatherers  upon  any  part  of  their  water  line  as  they  may  invest  with 
the  authority  hereby  given,  to  become  inspectors  of  boats,  and  re- 
quire from  such  person  bond  with  good  security  in  such  penalty  as 
their  by-laws  may  prescribe,  for  the  true  and  faithful  performance  of 
the  duties  of  his  office ;  and  such  person  shall  also  take  an  oath  for 
the  same  purpose. 

Dock  masters  and  harbor  masters. 

2.  The  said  Virginia  canal  company  may  establish  regulations  for  the  Dock  and 
preservation  of  good  order  at  any  of  their  basins,  docks  or  landings, 

and  at  wharfs  for  loading  and  unloading  boats  or  vessels  engaged  in 
navigating  their  water  line,  at  any  point  thereon,  whether  on  rivers 
or  canal :  provided  such  regulations  be  consistent  with  the  laws  of 
the  state  and  the  police  regulations  of  any  city  or  corporation  autho- 
rized by  law  to  prescribe  such  regulations  ;  and  for  such  purpose  may 
appoint  dock  marten  or  other  officers,  whose  duty  it  shall  be  to  cause  Their  dan.« 
such  regulations  to  1"'  obeyed,  and  to  collect  the  penalties  fixed  by 
said  regulations  for  infringements  thereof;  which  penalties  shall  be 
ruble  before  any  tribunal  having  jurisdiction  thereof. 

3>   No  harbor  master  shall  have  any  control  over  any  boat  or  vessel  wiim  control  of 
after  the  same  shall   ha\e  entered  the  said  company's  line.  U  deSHg-  oimng  mm*m 

nated  in  the  fifth  chapter,  nor  while  entering,  remaining  in  or  leaving 
any  •(  said  company's  docks,  locks  or  water  line,  or  any  channel 
loading  thereto,  which  have  been  constructed  by  them  according  to 
law.  <t  by  the  company  whose  rights  and  interests  have  been  Iran-- 
bared  t<>  them. 

•J.   The  said  dot  ■  masters,  or  other  officers  appointed  to  discharge  dbUm  nf  dock 

their  duties,  shall  regulate  the  anchoring  and  mooring  of  all  tighten,  "  ' 

beats,  and  bay  and  river  craft,  steam  boat-  and  ether  vessels  which 
(•em.-  Within  any  of  said  docks  01  basin-.  or  am  lmr  at  or  are  secured 
at  any  of  such  wharf-  or  landing*.  He  shall  also  n  imlato  their 
entrance-  and  departure,  m  as  to  piWfanl  confusion  and  disorder. 


118 


CANAL   AND    NAVIGATION   COMPANIES. 


for  .*).    Any  master  or  head  man  of  any  vessel,  or  boat  or  other  craft, 

vlio  shall  fail  or  refuse  to  obey,  or  comply  with  the  lawful  order  of 
any  of  said  dock  masters  or  other  officers,  after  having  had  a  reason- 
able time  for  obedience  or  compliance,  shall  be  liable  to  a  fine  of  five 
dollars  for  every  Boch  offence,  to  be  recovered  before  any  justice  of 

the  peace  having  jurisdiction. 


To  prevent  company'' s  employees  from  violating  the  peace. 


how 


6.  If  at  any  time,  on  any  pari  of  the  company's  line,  any  work- 
man or  other  employee  shall  be  engaged  in  a  riotous,  tumultuous  or 
unlawful  assembly,  or  in  any  violation  of  the  peace,  any  judge  or 

justice  within  his  jurisdiction  may  suppress  the  same;  and  for  that 
purpose  may  command  the  assistance  of  all  persons  present,  and  of  the 
sheriff  or  Bergeant  of  the  county  or  corporation,  with  his  posse,  if  ne<  d 
be,  to  arrest  and  secure  those  engaged  in  any  violation  of  the  peace. 
And  it  shall  be  the  duty  of  any  contractor  or  officer  of  the  said  com- 
pany having  knowledge  thereof,  to  give  immediate  information  of 
any  such  violation  or  apprehended  violation,  to  some  judge  or  justice 
nearest  thereto.  Any  person  so  arrested  shall  be  proceeded  against 
as  prescribed  by  law  in  such  cases. 


Exemption  from  working  on  other  roads. 


Exemptions 
from  v.orking 
on  roads 


7.  The  officers,  contactors  and  their  agents  and  laborers,  hire- 
lings or  hands,  while  engaged  at  work  upon  the  line  of  the  company's 
works,  shall  be  exempt  from,  and  in  no  wise  subject  to  the  provisions 
of  any  road  law,  by  which  the  citizens  of  any  county  or  corporation 
along  said  line  may  be  compelled  to  perform  labor  on  any  road  or 
work  within  the  same,  and  from  any  tax  or  contribution  whatever, 
under  any  special  road  law  heretofore  passed,  or  that  may  be  here- 
after passed  for  any  county  or  corporation. 


Exemption  from  militia  duty. 


From  militia 
duty 


8.  The  following  persons  shall  be  exempt  from  the  performance 
of  the  ordinary  duties  of  militiamen,  but  shall  be  liable  to  be  drafted 
and  detailed  for  actual  service,  to  wit:  All  ferrymen  employed  by 
said  company  at  any  ferry  owned  by  it;  all  keepers  of  any  toll 
bridge  owned  in  like  manner:  two  of  the  clerks  in  the  office  of  col- 
lector of  tolls  on  the  Richmond  dock  and  on  the  lower  section  of  the 
company's  canal;  the  inspectors  of  boats,  lock  gate  keepers  and 
overseers  employed  by  them;  all  their  toll  gatherers,  and  the  work- 
men who  are  non-residents  of  the  county  or  corporation  in  which 
they  are  at  work,  and  actually  engaged  in  fulfilling  any  contract  for 
the  completion  of  any  work  on  the  company's  water  line  in  a  spe- 
cified time. 


CANAL  AND   NAVIGATION   COMPANIES.  119 


IX. — For  the  prevention  of  obstructions;    to  facilitate 

NAVIGATION  ON  THE  COMPANY'S  LINE,  AND  TO  PUNISH  OFFEN- 
DERS :  BALE  OF  WATER  POWER;  RESERVATION  OF  WATER  FOR 
THE    STATE   ARMORY. 

Mights  of  navigation  preserved}    limitation  on  power  of  courts  to 
grant  leave  to  erect  dams. 

1.  In  any  of  the  rivers  or  water  courses,  the  right  of  improving  Bights  of 
or  extending'  the  navigation  of  which  has  been  given  hereby,  or  may  UiUlga  ,on 
l>e  hereafter  given  to  the  Virginia  oanal  company,  it  shall  not  be 
lawful  for  any  court  to  grant  to  any  other  person  or  company  the  pre- 
ference to  the  use  of  the  water  flowing  therein  for  the  purposes  of 

such  navigation,  nor  to  grant  leave  to  any  person  to  erect  a  dam  or 
other  obstruction  across  or  in  such  water  course,  by  which  the  ordi- 
nary navigation  will  bo  obstructed,  nor  by  which  the  water  used  as  a 
feeder  to  any  part  of  the  company's  water  line  may  be  diverted  or 
lessened,  without  the  consent  of  said  company.  Any  such  dam  or  Limitation  agto 
obstruction,  notwithstanding  it  may  be  built  under  such  leave,  shall  dams 
be  deemed  a  nuisance,  and  may  be  abated  as  such. 

Penalty  for  obstructing  navigation  with  fish  trajis,  §v. 

2.  If  any  person  or  company  shall  hereafter  make  or  cause  to  be  Fish  trapB 
made  any  hedges,  fish  traps  or  other  obstructions  in  any  of  said 

rivers  composing  part  of  the  said  company's  water  line,  so  as  to  im- 
pede  or  injure  the  passage  of  battoaux,  floats  or  other  vessels,  such 
person  or  company  shall  forfeit  and  pay  to  the  said  canal  company 
the  sum  of  fifty  dollars  for  each  offence. 

Buoys,  beacons  and  ring  bolts  to  be  placed  in  rivers. 

3.  The  said  company  shall  cause  buoys  to  be  placed  in  any  part  nuoyg 
of  their  wadr  line  in  which  they  may  be  necessary,  so  as  readily  and 
clearly  to  indicate  ami  point  out   to  navigators  all  the  entrances  and 
bin-  uf  the  sluices,  the  wing  dams  and  the  jetties,  and  generally  the 
OOnne  of  the  channels.      They  shall  also  cause  beacons  to  be  p laced  bacons 

on  the  bars,  rocks  ami  other  obstructions  to  navigation,  not  within 

the  sluices  or  channels,  but  which,  from  their  positions,  or  from  Other 
.  are  likely  to  endanger  the  safety  of  vessel-  or  beats  naviga- 
ting the  said  water  line ;  which  buoys  and  beacons  shall  be  so  con- 
structed as  to  be  visible,  until  the  water  in  any  of  the  rivers  <>:i  the 
said  line  in  which  they  may  be  necessary,  shall   rise  five  feel  above 

its  ordinary  lowest  level.     Pot  the  greater  safety  and  convenience  Rings 
of  the  trade,  it  shall  be  the  farther  duty  of  the  said  company  to 
large  rings  u<  be  attached  by  suitable  bolt  or  other 

stable   bodies,  along  the  sloioei  and   at   the   ends  (,f  the  win-  dam- 

and  Jetties,  for  the  better  enabling  heat-  or  vet*  Is  to  qv<  rooms  the 

force  (if  the  currents  by  warp-  and  cud.-. 


120 


(ANAL    AND    NAVIGATION    COMPANIES. 


Water  not  to  be  used  but  fur  navigation  :    water  power,  how  sold. 


TV.iN-r,  how 


\Y;it.r  povrcr, 

kvw  gold 


4.  The  water,  or  any  part  thereof,  conveyed  through  any  canal  or 
cut  made  by  the  company,  except  where  tin-  land  between  the  canal 
and  the  river  is  entirely  the  property  of  the  company,  shall  not  be 
used  for  any  purpose  but  navigation,  unless  the  consent  Of  the  pro- 
prietors of  the  land  be  first  had:  but  the  company  may  lease  or  sell 
to  any  person  or  company  the  water  power  necessary  for  propelling 
any  machinery  for  milling  or  other  purposes,  where  such  person  or 
company  may  have  obtained  the  necessary  site  therefor.  And  where 
the  company  is  possessed  of.  or  may  acquire  hereafter,  land  as  hen  in 
before  provided  for,  and  shall  not  thereby  damage  other  proprietors 
of  land  in  a  manner  not  compensated  for  at  the  time  of  acquiring  the 
same,  they  may  establish  any  such  machinery,  and  work  the  same 
with  the  water  from  any  canal  or  dam,  so  as  not  to  impair  the  navi- 
gation by  such  use  of  water,  and  may  again  sell  or  lease  the  same. 


Water  for  armory,  fyc.  reserved. 


Water  for  ■  5.  The  commonwealth  of  Virginia  reserves  the  right  to  the  use  of 
so  much  of  the  water  in  the  canal  of  the  company  as  may  be  suffi- 
cient to  propel  the  machinery  necessary  for  the  manufacturing  of 
arms  at  the  public  armory  in  the  city  of  Richmond,  and  which  shall 
be  used  for  that  purpose,  free  of  all  charge  whatever;  and  the  com- 
pany shall  at  no  time  stop  or  obstruct  the  use  of  said  water,  except 
when  absolutely  necessary  for  the  repair  of  the  canal ;  and  in  time  of 
war  or  apprehended  danger,  the  governor  shall  be  the  judge  of  such 

Lwgecjof  state  necessity.  The  said  company  shall  not  obstruct  the  use  of  the  water 
to  the  extent  it  is  now  enjoyed  to  the  lessees  of  the  state  on  the  pro- 
perty adjoining  the  said  armory,  they  paying  the  rent  for  said  water 
heretofore  agreed  to  be  paid,  or  that  may  be  contracted  to  be  paid  in 
case  of  a  renewal  of  their  lease:  provided,  that  tin-  quantity  of  water 
taken  by  the  state  shall  not  so  reduce  the  water  in  the  canal  as  to 
interfere  with  the  navigation  thereof,  and  the  compliance  by  the  com- 
pany with  any  contract  heretofore  made  for  a  supply  of  water  from 
the  canal  to  mills  or  other  manufactories.  This  section  shall  not  be 
construed  to  waive  or  impair  any  right  of  the  commonwealth,  by  vir- 
tue of  any  law,  resolution  or  contract,  to  water  from  the  said  canal, 
but  such  right  shall  be  valid  against  the  said  canal  company :  pro- 
vided, that  the  whole  quantity  of  water  for  the  commonwealth  shall 
not  exceed  that  to  which  the  commonwealth  may  be  entitled  as  afore- 
said. 


CANAL   AND   NAVIGATION    COMPANIES.  121 


X. — Keturns,  reports  and  taxation;  duration  of  charter; 

BIGHT  TO  ABOLISH  IT  ;    WHEN   JAMES   RIVER  AND  KANAWHA  COM- 
PANY RESTORED  TO  THEIR  RIGHTS  AND  FRANCHISES. 

Reports  required  of  company. 

1.  Whenever  the  general  assembly  shall  call  on  the  Virginia  canal  when  report  to 
company  for  any  information  relative  to  its  operations,  affairs  or  con- 
dition, the  said  company  shall  furnish  the  same.     Whether  the  gene- 
ral assembly  shall  do  so  or  not,  the  Virginia  canal  company  shall 

make  an  annual  report  to  the  Board  of  public  works  of  its  condition 
and  the  state  of  its  affairs  on  the  thirtieth  day  of  September,  and  of 
the  operations  of  the  company  during  the  year  ending  on  that  day ; 
which  report  shall  be  verified  \ty  the  president  of  the  company,  and 
be  filed  in  the  office  of  the  said  board  by  the  fifteenth  day  of  November 
in  each  year.  The  said  report  shall  be  in  such  form  as  the  Board  of 
public  works  shall  prescribe;  and  in  preparing  such  form,  the  said  Duty  of  Board 
board  are  hereby  directed  to  require  that  the  said  report  shall  con-  °  pu  ' 1C  wor 
tain  as  full  and  minute  information  in  regard  to  the  condition,  af- 
fairs and  operations  of  the  said  canal  company,  as  may  be  required 
by  said  board  in  regard  to  the  condition,  affairs  and  operations  of 
the  rail  road  companies  within  this  commonwealth. 

Penalty  for  failing  to  make  report. 

2.  If  the  said  canal  company  shall  fail  to  make  the  report  herein  penalty  for  fail- 
required,  and  in  the  manner  required,  it  shall  be  liable  to  a  penalty  report.'"'1*8 
not  exceeding  two  thousand  dollars.     And  the  Board  of  public  works, 

if  in  session,  or  its  secretary,  if  it  be  not  in  session,  shall  report  such 
failure  immediately  to  tlie  attorney  general :  and  it  shall  be  his  duty,  Failure  to 
after  giving  to  the  said  company  ten  days'  notice,  to  proceed  against  proce!'dcd7or 
the  Mine  for  such  failure,  by  motion  in  the  circuit  court  of  the  city 
of  Richmond.  Such  court  shall  consider  said  case  a  privileged  case, 
and  it  ihall  be  its  duty  to  enter  up  a  judgment  for  a  fine  not  execed- 
iiiL'  two  thousand  dollars  ami  the  costs,  including  a  fee  of  twenty  dol- 
lars for  the  ■ervioet  "t  nid  attorney  general.    P^xccution  shall  be 

•Warded  against  the  said  company,  to  be  levied  as  other  executions 
are  toriod  apon  any  of  its  property. 

'/'</  ration. 

'A.    'I'll.'   said  company  shall   be   sabjeol    to   taxation,  at  a  rate   not  Taxation 
■B  i  ■  'ling  that  imposed  on  other  internal  improvement  Companies  in 

this  .-: 

Duration  of  charter. 

4.    If  the   said  Virginia  canal   company  be  not   organized  by  the  company, 
appointment  of  a  president  and  directors  as  required  by  this  charter,  "rganiie 


122 


CANAL   AND   NAVIGATION    COMPANIES. 


Wben  charter 
may  be  abro- 
gated 


within  ten  months  from  the  passage  thereof,  this  act  shall  be  mill 
and  void;  and  if  said  company  shall  not  bona  fide  commence  its 

works  within  six  months  after  its  organisation,  or  if.  after  commenc- 
ing its  works,  it  shall  suspend  its  operations  for  one  year:  or  if  it 
shall  fail  to  comply  with  the  provisions  of  the  fifth  chapter  hereof!  8° 
far  as  the  same  refers  to  the  fourteenth  article  of  the  said  provisional 
agreement,  the  general  assembly  may  abrogate  this  charter,  and  de- 
clare that  the  corporate  rights  ami  privilege*  of  the  oompany  Bhall 
cease;  or  it  may  allow  said  oompan y  such  further  time  to  complete 
the  said  works  aud  to  comply  with  its  engagements,  as  to  the  legis- 
lature may  seein  jasl  and  proper. 


Disposition  <'f 
property  when 
*  corporation  in 
dissolved 


Disposition  of  prop(rt}i  when  corporation  is  dissolved. 

5.  If  the  said  corporation  shall  be  dissolved  as  aforesaid,  and  its 
corporate  rights  and  privileges  shall  have  ceased,  all  its  works  and 
property,  and  debts  due  to  it,  shall  be  subject  to  the  payment  of 
debts  due  by  it,  in  accordance  with  the  provisions  of  this  charter; 
and  it  may  sue  and  be  sued  as  before  for  the  purpose  of  collecting 
debts  due  to  it,  prosecuting  rights  under  previous  contracts  with  it, 
and  enforcing  its  liabilities  and  transferring  its  property  and  debts  to 
its  successor,  as  hereafter  provided. 


When  James  river  and  Kanawha  company  restored  to  its  rights. 

When  James  6.    If  the  said  Virginia  caual  company  shall  fail  to  comply  with  its 

nawha  company  undertaking  as  herein  before  set  out,  so  that  the  general  assembly 
rights011 10  U8  Bna^  proceed  to  abrogate  its  charter  and  to  declare  that  its  corporate 
rights  and  privileges  shall  cease,  and  that  its  property  shall  be  for- 
feited according  to  the  provisions  of  this  act  and  said  provisional 
agreement,  then  the  James  river  and  Kanawha  company,  as  it  ex- 
isted before  the  passage  of  this  act,  shall  thereupon  be  restored  to  all 
the  rights  conferred  by  its  charter  and  the  laws  existing  at  the  time 
of  the  passage  of  this  act,  as  fully  and  effectually  as  if  this  act  had 
never  passed;  and  so  much  of  the  sum  of  three  hundred  thousand 
dollars  appropriated  by  the  .act  of  March  twenty-third,  eighteen  hun- 
dred and  sixty,  for  the  improvement  of  the  Kanawha  river,  as  shall 
have  been  expended  thereon,  and  shall  not  have  been  repaid  to  the 
state,  shall  be  and  remain  a  lien  upon  the  works,  property  and  fran- 
Dced of  James  chises  of  the  company  in  and  upon  the  Kanawha  river;  and  the 
Mwhacom"  deed  which  has  been  executed  for  the  security  of  the  said  sum  of 
beDenforceed  t0  tlirtl'  hundred  thousand  dollars,  shall  be  in  full  force  and  effect;  and 
all  the  rights,  interests  and  liens  of  the  state,  in  and  upon  the  James 
river  and  Kanawha  company,  and  the  works,  property  and  franchises 
thereof,  as  the  same  exist  at  the  time  this  act  is  passed,  shall  exist 
and  be  in  full  force  and  effect :  and  the  said  James  river  and  Ka- 
nawha company  shall  be  subject  to  all  the  restrictions,  duties  and 
liabilities  that  are  imposed  upon  it  by  the  laws  in  force  immediately 


BANKS.  123 

before  the  passage  of  this  act ;  and  said  laws  so  in  force  at  the  pas- 
sage of  this  act,  shall  be  in  all  other  respects  in  full  force. 

7.  The  stockholders  in  the  Virginia  canal  company,  at  the  time  Bights  of  pri- 
when  its  said  charter  shall  cease,  and  when  the  rights  of  the  said  holders00 
company  shall  be  transferred  to  the  said  Jamea  river  and  Kanawha 
company,  who  were  stockholders  in  the  James  river  and  Kanawha 
company,  or  who  derived  title  to  their  stock  from  or  under  such  stock- 
holders, to  the  extent  of  the  stock  so  held,  shall  be  considered  stock- 
holders in  that  company,  and  their  stock  shall  be  of  the  par  value  at 

Which  it  was  estimated  while  stockholders  of  the  said  James  river 
and  Kanawha  company ;  and  in  all  other  respects  they  shall  be  re- 
stored to  their  rights  and  liabilities,  and  be  entitled  to  the  profits  and 
remedies  granted  by  the  charter  of  the  said  James  river  and  Ka- 
nawha  company  before  the  passage  of  this  act.  And  the  state  shall  ofatate 
have  ihe  same  quantity  of  stock  in  the  said  James  river  and  Ka- 
nawha company,  and  the  same  interest  therein  as  is  now  held  by  the 
state  in  said  company. 

8.  If  at  any  time  hereafter  the  Board  of  public  works  shall  be  How,  if  Board 
abolished  or  shall  cease  to  exist,  the  powers  and  authority  vested  in  ccase't'oexTs't^1' 
it  by  this  act  shall  be  vested  in  and  exercised  by  such  other  body  as 

may  be  authorized  by  the  constitution  or  laws  of  the  state  to  control 
and  superintend  the  public  works  of  Virginia. 

9.  No  tax  shall  be  charged  for  this  charter,  under  the  tax  bill 
passed  at  the  present  session  of  the  general  assembly. 

10.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  .'.?.— An  ACT  for  the  Belief  of  the  Banks  of  this  Commonwealth. 

Passed  March  1,  186L 

l.  Be  it  enacted  by  the  general  assembly,  that  bo  much  of  all  or stupauioaof 

any  acts  as  now  may  subject  any  bank  ox  banking  corporation  incor-  f,r'^X.'(f  mcnti' 
porated  by  the  laws  of  this  commonwealth,  now  in  operation,  or 

which  may  bo  put  in  operation  whilst  this  act  is  in  force,  to  the  for- 
feiture of  it--  charter,  Of  to  any  other  penalty  for  failing  or  refining 
(o  )..  y  or  redeem  its  notes  or  d<  bte  in  specie,  shall  ho  and  the  same 

are  In  rely  sii-pended   until  the  first  day  of  March  eighteen  hundred  Limitation  as  to 
and    Btxty-tWO;    and    if  any  such   bank  or  banking  corporation    shall1""'' 

forfeited  its  charter  by  failing  or  refusing  to  pay  in  specie  any 

note  nr  other  debt  due  from   such  bank,  the  forfeiture  thereby  incur- 
red  shall   be   remitted:    and   the  charter  of  .-noli   bank,  with  all   the  ,  harm™  not 
rights  and  powers  thereby  conferred,  except  such  portions  thereof 


124 


BANKS. 


are  herein  before  suspended,  shall  be  and  the  same  is  hereby  de- 
clared to  be  in  full  tew  and  effect,  to  all  iBUBti  ami  purposes,  until 
rroTiw  tin-  dat<-  before  mentioned:  provided,  that  nothing  hereio  contained 

shall  be  eo  ooaetrued  ai  to  preveal  the  reoovery  of  the  amount  of 

any  note  or  debt  dm-  from  any  such  bank,  with  legal  interest  th< 
in  the  nude  prescribed  by  law. 


Bank  noti  k 

!.]■•  in 
:it  <■{ 
fulilic  duel 


■J.   The  noses  of  the  leveraJ  bank--  which  have  been  heretofore 
remind  t<>  1"'  reoeived  in  payment  of  taxes  and  debts  dae  ko  the 

commonwealth,  shall  continue  to  I  veil,  ami  the  d 

the  pnblie  revenue  shall  oontinne  to  be  made  in  the  banka  now 

authnri/ed  by  law  to  receive  the  ~aine,  until  the  period  herein  before 

mentioned,    unless   the   treasurer,   with    the  advice  of  the  executive. 

shall  direct  otherwise  in  reaped  to  such  receipts  or  deposits,  or  both, 
in  the  mode  preeeribed  by  law. 


Whan  banks 


3.  Nothing  in  this  act  shall  be  so  construed  as  to  prevent  any  of 
the  banks  of  thi>  commonwealth  from  resnming  specie  payment  at 

any  time  prior  to  the  date  herein  before  mentioned,  at  the  discretion 
of  the  president  and  directors  thereof. 


R*-dcmption  law 
repealed 


4.  15e  it  further  enacted,  that  sections  one.  two,  three  and  four  of 
the  act  passed  April  second,  eighteen  hundred  and  tifty-.i^ht.  pro- 
viding for  a  more  uniform  currency  of  the  banks  of  the  state,  be  and 
the  same  are  hereby  repealed. 


Bunkx,  wlun  to 
funueli  - 


' 


Exchange 


5.    It  shall  be  the  duty  of  the  several  banks  and  branch   banks  of 

the  state,  whenever  required  by  the  governor  to  redeem,  in  ipeoie  ox 
specie  funds,  such  an  amount  of  their  notes  a<  may  be  necessary  to 

meet  tin- specie  deinaiids  upon  the  treasury  of  the  commonwealth : 
provided,  that  nothing  in  this  section  shall  be  construed  to  require 

the  banks  of  this  commonwealth  to  contribute  specie  beyond  the 
amount  necessary  to  pay  the  interest  upon  the  public  debt  ;  and  to 
this  end,  the  Contribution  shall  be  ratable,  and  according  to  a  uni- 
form pen  oentage  upon. the  aggregate  amounl  of  the  capital,  circula- 
tion and  deposits  of  all  the  banks  of  this  commonwealth  on   the  first 

day  of  October  next  preceding  the  requisition. 

G.    On  the  payment  id'  every  note,  bill  or  draft  drawn  by  citizens 

of  Virginia,  payable  at  the  cities  of  Baltimore,  Philadelphia,  New 

York  and  Boston,  heretofore  discounted  by,  and  which  is  now  unpaid 
and  the  property  of  any  bank  <>r  branch,  or  which  may  be  hereafter 
discounted  by  any  bank  or  branch  during  the  suspension  of  specie 
payment  by  it,  such  bank  or  branch  shall  pay  to  the  party  for  whom 
such  paper  was  discounted,  the  excess  of  exchange  at  the  time  of 
muIi  payment,  over  and  above  the  rate  between  the  point  where 
such  bank  or  branch  is  located  and  the  point  where  such  paper  is 
payable,  at  the  time  such  bank  or  branch  suspended  specie  payment; 


BANKS.  125 

and  on  failure  of  such  bank  or  branch  to  pay  snoli  excess  on  paper  Penalties 
hereafter  discounted,  the  party  entitled  thereto  may  recover  the 
same,  by  warrant  before  any  justice  of  the  peace)  or  when  the 
amount  is  over  fifty  dollars,  by  motion,  on  ten  days'  notice  before 
any  court  of  the  county  or  corporation  where  such  bank  or  branch 
is  located;  and  on  the  failure  of  any  bank  or  branch  to  pay  such 
la  on  paper  heretofore  discounted  and  unpaid  as  aforesaid,  such 
bank  or  branch  shall  not  have  the  benefit  of  the  provisions  of  this 
act  releasing  any  penalty  or  forfeiture  incurred  by  it  by  the  non- 
payment of  specie. 

7.  The  sixteenth  section  of  chapter  fifty-eight  of  the  Code  of  Code  amenta 
Virginia  of  eighteen  hundred  and  forty-nine  shall  be  amended  and 
re-enacted  so  as  to  read  as  follows : 

"§  16.    Any  bank  authorized  to  canyon  business  as  a  bank  of  rsank  may  loan 
circulation,  deposit  and  discount,  may  loan  money  for  a  period  notmon'T 
exceeding  six  months,  and  discount  any  bill  of  exchange,  promissory 
note,  or  other  negotiable  paper  for  the  payment  of  money  which  will 
be  payable  within  six  months  from  the  time  of  discounting  the  same. 
A  bank  may  take  interest  on  its  loans  and  discounts  at  the  rate  of  what  inform  i- 
one-half  of  one  per  centum  for  thirty  days,  and  the  interest  may  be  may  taKe 
received  in   advance.     Each  bank  or  branch  shall   so  regulate  its 
loans  and  discounts  that  the  same  shall  not  exceed  twice  the  amount 
of  capital  actually  paid  into  such  bank  or  allotted  to  such  branch. 
Any  pn  rident,  director  or  cashier  who  may  be  instrumental  in  vio-  penalty 
lating  this  section,  shall  be  fined  five  hundred  dollars." 

8.  No  bank  or  branch  of  a  bank  which  may  have  been  heretofore  xpW  banks, 
incorporated  or  authorized  to  be  established  by  the  general  assem-  operatVoif" 

bly.  and  which  shall  not  at  the  time  that  this  act  takes  effect,  have 
actually  -one  into  lepra]  operation,  according  to  the  terms  of  its 
chart'  v.  shall  be  permitted  to  do  so  during  the  suspension  of  specie 
payments  by  the  banks  of  this  commonwealth.  But  this  section 
shall  not  be  construed  to  apply  to  amended  charters  of  banks  now 

in  operation  :   provided,  that  this   m  ction  shall  not  apply  to  the  Bank  Fnnnlloi 

of  the  city  of  Petersburg  or  the  Bank  of  Pittsylvania,  or  to  the 
branch  bank  authorised  to  be  established  at  Ifonaakon. 

'■'.    This  act  shall  be  in  (ore-  from  it-  psjMt  monrcmeot 


i    ■  Y    _inia. 

[P»«wd   March  2fi,  USL] 

1      1'"    H  ''      gCMnl   appcmbly  of  Virginia,  that   tl  •    •, 

firot  section  of  tin  ad  entitled  an  act  to  extend  the  charter  of  the  ftTT"'D'v*, 


12G 


BANKS. 


Bank  of  Virginia,  passed  March  tin-  seventeenth,  eighteen  hundred 
and  fifty-six,  be  amended  and  re-enacted  so  as  to  read  as  foil* 


r  ex- 

I  f<T 
twenty  yeari 


;  to 
i  xirting  lawg 


14 §  1.  Be  it  enaoted  by  the  general  assembly  of  Virginia,  that  the 

charter  <>f  the  Bank  "f  Virginia  be  and  i>  ben  by  i  in  nded  from  the 
fir.-t  day  of  April  eighteen  hundred  and  sixty-three,  for  twenty  yean  \ 
and  the  liank  is  hereby  Invested  with  all  tin-  rights,  powers  and  pri- 
vileges conferred,  and  made  subject  to  all  the  rules,  regulations  and 
lesUiotions  imposed  by  the  fifty-sixth,  fifty-seventh  ami  fifty-eighth 

chapters  of  the  Code  of  Virginia,  and  the  aet  entitled  an  act  to 
amend  the  tenth  section  of  chapter  fifty-seven  of  the  Code  of  Vir- 
ginia, passed  April  the  ninth,  eighteen  hundred  and  fifty-three, so  far 

as  the   same   may  he    applicable   to   banks  of  circulation  j   and  to  all 

the  righto  and  liabilities  which  have  accrued  under  an  ait  entitled 

an  act    to  separate   the    state   from   the   banks,  by  a  sale  of  its  stook 

therein,  and  the  application  of  the  proceeds  to  the  redemption  of 
the  public  debt,  passed  March  eighteenth,  eighteen  hundred  and 
fifty-six." 


Act  <■! 

UUll-Il'l-    I 


2.    The   ninth  section  of  the   said  act  of  March   the  seventeenth, 

eighteen  hundred  and  fifty-six.  shall  he  and  is  hereby  re-enacted  as 
follows : 


When  net  to 
take  effi-ct 


"  §  0.    Thhl  act  Shall  Commence   and   he  in  force  on  ami  after  the 

first  day  of  April  eighteen  hundred  and  sixty-three:  provided  its 
provisions  shall  have  heeii  approved  by  the  stockholders  in  the  said 
hank,  convened  in  general  meeting  at  any  time  before  the  first  day 
id"  February  eighteen  hundred  and  sixty-two,  ami  such  approval 

shall  have  heeii  made  and  certified  hy  the  president  and  cashier  of 
said  hank,  under  its  corporate  seal,  to  the  governor  of  the  common- 
wealth." 


in  M'.r.'.i. — An  ACT  to  extend  the  Charter  of  the  Tanners  Bank  of  Vi 

■  \  Muivi.  BjB,  L86L 

s.ciion  i of  act      1.  Be  it  enacted  hy  the  genera]  assembly  of  Virginia,  thai  the 

1"1"1       first    section  of  the  act   entitled   an   act    to  extend   the  charter  of  the 

Fanners  Bankof  Virginia,  passed  March  seventeenth,  eighteen  hun- 
dred and  fifty-six,  be  amended  and  re-enacted  so  as  to  read  as  fol- 
lows : 


Charter  cx- 
tcmliil  fin 
twenty  years 


Subject  to 
existing  lawB 


"§  l.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 

charter  of  the  Farmers  Bank  of  Virginia  be  and  is  hereby  extended 
from  the  first  day  of  April  eighteen  hundred  and  sixty-three,  for 
twenty  years;  and  the  hank  18  hereby  invested  with  all  the  rights, 
powers  and  privileges  conferred,  and  made  euhject  to  all  the  rules, 


BANKS.  127 

regulations  and  restrictions  imposed  by  the  fifty-sixth,  fifty-seventh 
and  fifty-eighth  chapters  of  the  Code  of  Virginia,  and  the  art  entitled 
an  net  to  amend  the  tenth  section  of  chapter  fifty-seven  of  the  Code 
of  Virginia,  passed  April  ninth,  eighteen  hundred  and  fifty-three,  so 
far  as  the  same  may  lie  applicable  to  banks  of  circulation,  ami  to  all 
the  rights  ami  liabilities  which  have  accrued  under  an  act  entitled  an 
act  to  separate  the  state  from  tlie  banks,  by  a  sale  of  its  stock  therein, 
ami  the  appropriation  of  the  proceeds  to  the  redemption  of  the  pub- 
lic debt,  passed  March  eighteenth,  eighteen  hundred  and  fifty-six." 

2.  The  ninth  section  of  the  said  act  of  March  seventeenth,  eighteen  srrtinnOof  act 
hundred  and  fifty-six.  shall  he  and  is  hereby  re-enacted  as  follows : 

"  §  0.   This  act  shall  commence  and  be  in  force  on  and  after  the  When  art  to 
first   day  of  April   eighteen  hundred   and  sixty-three :    provided  its 
provisions  shall  have  been  approved  by  the  stockholders  in  the  aaid 

hank,  convened  in  general  meeting,  at  any  time  before  the  first  day 
of  February  eighteen  hundred  and  sixty-two,  and  such  approval  shall 
have  been  made  and  certified  by  the  president  and  cashier  of  said 
bank,  under  its  corporate  seal,  to  the  governor  of  this  common- 
wealth." 


CHAP,    fin. — An   ACT  to   extend    the    Charter   of  the  Exchange   Bank   of 

Virginia. 

Pasfed  March  26,  186X 

1.    Me  it   enacted  by  the  general   assembly   of  Virginia,  that    the  Section  1  of  art 
fi»(  section  of  the  act   entitled  an  act  to  extend  the  (barter  of  the  :':,,i  a,ncndcd 
Exchange  Bank  of  Virginia,  passed  March  the  seventeenth,  eighteen 
hundred  and  fifty-six,  be  amended  and  re-enacted  so  as  to  read  as 
follow-  : 


"§  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  charter  ex- 

1  for 

twenty  roan 


the  charter  of  the  Exchange  Bank  of  Virginia  be  and  i>  hereby  ex- '' 


tended  from  the  fir.-t   day  of  April  eighteen  hundred  and  sixty-three. 
for  twenty  years;  and  the  hank  is  hereby  invested  with  all  the  rights, 

n  and   privileges  conferred,  and  mad.-   subject    to  all   the  rules.  - 
regulations  and  restrictions  imposed  by  the  fifty-sixth,   fifty--,  venth  ''51"t",glaw" 
and  fifty-eighth  <li.ij.tr  r^-   of  the  < '"de  of  Virginia,  and  'iti- 

tied  an  net  to  amend  the  tenth  section  of  chapter  fifty-seven  of  the 
"f  Virginia,   passed  April   ninth,   eighteen   hundred    and   fifty- 
three,  so  far  ■  y  be  applicable  to  haul-  ..f  circula- 

tion, and  to  all  the  rights  and  liabilities  which  h  ,d  under 

'  entitle. 1  ,<<■  from  tic  bank-,  hv  a 

I   therein,   and  the  application   of  the   |  •.,  the  re- 

demption of  tie-  public  debt.  pas»<d  Ma  teen  hun- 

dn  d  and  fifty- 


126 


U96  BBeodM 


:irt   to 


BAJ 

Of  March  seventeenth,  i-iph- 
l.hii.lr.  <1    and    fifty-StX,    shall    bfl    and   i-    hereby 

"10.    ]  ,11  r..mini-i;c  -•  and  he  in  f--r«-«-  "ii  ami  a  ft  or  the  first 

of  April  eighteen  hundred  and  sixty-three:  provided  its  provi- 

■hall  have  been  approved  by  the  ttookholden  in  the  said  hank. 

ened  in  general  meeting,  at  any  time  before  the  fir-;  day  of 

Pebnuui  eighteen  hundred  and  sixty-two,  and  nob  approval  shall 

liavr  been  made  and  certified  by  the  president  and  oaahier  of  mid 

Lank,  andet  to  corporate  teal,  to  the  goi  srnor  of  thii  commonwealth." 


Sivtinn  1  Of  Ml 


c,m.  r,i  — An  ACT  ko  astend  the  Oharter  of  the  Bank. 

Yirpiniii. 

■ 

l.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  tlio 
first  oeotion  of  the  act  entitled  an  ad  to  extend  the  oharter  of  the 
Bank  of  the  Valley  in  Virginia,  passed  March  •erenteenth,  eighteen 
hundred  and  fifty-six,  be  amend,  d  and  re-enacted  Mas  to  read  as 
follow 


I  for 
tweotj 


»*§1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
oharter  of  the  Hank  of  the  Valley  in  Virginia  he  and  ii  herebj  ex- 
tended bom  the  firsl  day  of  April  eighteen  hundred  and  sixty-three, 
fdr  twenty  \e.ir-:  and  the  bank  ii  hereby  invested  with  all  the  rights, 
and  privileges  conferred,  and  made  subjed  to  all  the  rules, 
rej  and  reati  otiona  imposed  bj  the  fifty-sixth,  fifty-Mventfa 

and  fifty-eighth  ohapton  of  the  Code  of  Virginia,  and  the  ad  enti- 
tled an  act  tO  anund  the  tenth  Motion  of  chapter  fiftj  S<  '.  -  D  of  tlio 
Cud.-  of  Virginia,  passed  April  ninth,  eighteen  hundred  and  fifty- 
three,  M  fiu  ai  the  same  may   be  applicable  tO  hanks  of  circulation, 

and  to  all  the  rights  and  liabilities  which  have  accrued  under  an  net 
entitled  an  a<  t  to  Mparata  the  state  (roes  the  banks,  by  ■  wis  <>f  its 
stuck  therein,  and  the  appropriation  of  the  proceedi  t<>  the  rederap- 
ti f  the  public  debt,  passed  March  eighteenth,  eighteen  hundred 

and  fifty-olx." 

I  as  ninth  section  of  the  -aid  act  of  March  s.\ ■  nte.  nth.  eighteen 

hundred  and  fiftr-six,  shall  he  and  is  hereby  re-enacted  as  follow*: 


tukc  rffcel 


1       This   ad   shall   commence   and   he  in  force  on  and  after  the 
fird  da\  of  April  eighteen  hundred  and  sixty  three  :   ].ro\  idcd  it^  010- 

oni  thai]  have  been  approved  by  the  stockholders  in  the  uid  bank, 
oonvened  in  general  mooting,  at  any  time  before  the  first  day  of 
Februarj  eighteen  hundred  ami  sixty-two,  ami  such  approval  shall 


BANKS.  1 99 

have  been  made  and  certified  by  the  president  and  cashier  of  said 
hank,  ander  its  corporate  seal,  to  the  governor  df  this  common- 
wealth." 


Chap.  88.— An  ACT  to  extend  theChartai  of  the  Northwestern  Bank  of 

nia. 
PaHRod  March  W,  1861. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  thai  the  first  lofnc; 
section  of  the  act  entitled  an  act  to  extend  the  charter  of  the  North- 
western Bank  of  Virginia!  passed  March  seventeenth,  eighteen  hun- 
dred and  fifty-six,  be  amended  and  re-enacted  fo  as  to  read  as  fol- 
lows: 

"§  1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  Charter 
charter  of  the  Northwestern  Hank  of  Virginia  be  and  is  hereby  ex- rx 
tended  from  the  first  day  of  April,  eighteen  hundred  and  sixty-three, 

fur  twenty  years  :   and  the  bank  is  hereby  invested  with  all  the  rights, 

powers  ami  privileges  conferred,  and  made  subject  I"  all  the  rules,  re-  Subject  to 

gulationi  and  restrictions  imposed  by  the  fifty-sixth,  fifty-seventh  and  '  x|,,,inP,av,'s" 

fifty-eighth  chapters  <>f  the  Code  of  Virginia,  and  the  act  entitled  an 

act  to  amend  the  tenth  section  of  chapter  fifty-seven  of  the  Code  at 

Virginia,  passed  April  ninth,  eighteen  hundred  and  fifty-three,  so  far 

as  the  same  may  he  applicable  to  hanks  of  circulation,  and  to  all  the 
ami   liabilities  which  have  accrued  under  an   act   entitled   an 

act  to  separate  the  state  from  the  banks,  by  s  sale  of  its  stock  therein, 
and  the  appropriation  of  the  proceeds  to  the  redemption  of  the  pub- 
lic debt,  passed  .Manh  eighteenth,  eighteen  hundred  ami  fifty-six." 

2.  The  ninth  section  of  the  i  of  March  seventeenth,  eigh- geetfoa 

teen  hundr.  d  ami  fifty-six,  shall  be  and   is  hereby  re-<  DM  b  1   a-   '   , 
lows  : 

"  §  9.    This  act  shall  commence  and  be  in  force  on  and  after  thewhaawtta 
first  day  of  April  eighteen  hundred  and  sixty-three:  provided  its  prn- 
l  have  been  approved  bv  the  stockholders  ia  the  said  bank. 
i'  nil  meeting,  at  any  time  before  the  tir.-t  da]  "f  Feb- 
ruary >  ighteen  hundred   and   sixty-two,  ami  nidi  approval  shall  1 
hi  ■  ii  madi  ai  I  <  •  riiiied  by  the  presidi  d1  ink. 

umb  r  it-  i  orporate  seal,  to  tin  ^-  Pernor  of  tin-  commonwealth." 


BANKS. 


- 


f<>r 


Chap  "  "       uic* 

■• 

I.  iotod  bj  t!i--  genera]  a~.mhly  of  Virginia,  that  the 

first  section  of  the  act  entitled  u  ad  I  the  charter  of  the 

Iferohanti  ami  Mechanioa  Bank  of  Wheeling,  pasted  March  seven- 
teenth, eighteen  hundred  and  fifty-six,  be  imeaded  ind  r.  -em 
m  ;i-  in  read  a-  fbUowi  i 

»|  1,   Hi-  it  enaeted  by  the  general  assembly  of  Virginia,  that  the 
charter  <>f  die  Iferohanti  and  Ifeehanioa  Bank  of  Wheeling  be  ind 

i^  I,,  dod  fr(.in  tli«    firi-t  .lay  of  April  <  tghteen   bandied  ami 

sixty -three,  for  twenty-years ;  an.l  the  hank  is  hereby  invested,  with 
all  the  right*,  powers  ami  privileges  oonferred,  an.l  made  subject  so 
all  the  ml.!-.  regulations  an.l  restrictionfl  imposed  by  tin-  fifty-sixth, 
fifty-seventh  an.l  fifty-eighth  chapters  of  die  Code  of  Virginia,  and 
tin  act  entitled  an  act  t<>  emend  tin-  tenth  Motion  of  ohapter  Jii'ty- 
d  of  the  Code  of  Virginii  kpril  ninth,  <  ighteen  hundred 

an.l  fifty-three,  bo  tar  a-  th.-  lame  may  be  applicable  to  banki  of  t  ir- 

ciilatioii.  an.l  to  nil  the  rights  and  liabilities  which  have  :■'■.  ru<  •!  nn.hr 

.  i  entitled  an  act  to  separate  the  state  from  the  banks,  by  a  sale 
of  it-  stook  therein,  ami  the  appropriation  of  th.-  prooei  da  to  the  re- 
demption  of  th.-  public  debt,  passed  March  eighteenth,  eighteen  hun- 
dred ami  fiftv-i 


take  «ff..t 


i.  The  ninth  lection  of  the  said  act  of  March  seventeenth,  sigh- 
d  hundred  an.l  fifty-six,  shall  be  an.l  la  hereby  re-enact- 

foil. 

"§  !».  Thia  a.t  .-hall  commence  ami  be  in  fore  on  ami  after  the 
first  .lay  of  April  eighteen  hundred  ami  sixty -three :  provided  its 
provisions  shall  have  hen  approved  by  the  stockholders  in  the  said 
hank,  convened  in  genera]  meeting,  at  any  time  before  tin  firsl  .lay 
of  February  eighteen  hundred  ami  sixty-two,  an.l  Mich  approval 
shall  have  been  made  ami  certified  by  the  president  and,  cashier  ol 
said  hank,  under  its  corporate  seal,  to  the  governor  of  tin-  common- 
wealth." 


..  nil-  il 


Chap.  64.— An  ACT  amending  the  SM  section  of  an  act  authorising  the 

of  the  \'.-ii  Hi:,  to  establiah  a  Branch  in  the  City  of  Rich- 

ad. 

188L 

I .    Be  it  enacted  by  the  gem  ral  assembly .  thai  the  second  section 
of  an  a.t  authorizing  the  Bank  of  the  Valley  in  Virginia  to  establish' 
a  branch  in  the  city  of  Richmond,  passed  March  thirtieth,  eighteen 


BANKS.  |:!l 

hundred  and  sixty,  be  amended  and  re-enacted  bo  m  to  read  as 

follow! : 

"§  2.   The  capital  Btook  of  paid  office  shall  be  farniBhed  by  a  sale  node  of  i 
of  additional  stock,  or  by  a  transfer  of  stock,  or  by  a  combination  <>f  r,,|",:i! "' 
the  two  modes:  provided,  thai  no  Bale  of  new  stock  shall  be  for  less 
than  its  par  value." 

2.    This  act  shall  be  in  force  from  it-  paess 


Chap.  65.— An  ACT  establishing  b  Bnu  cl  Bank  a(  the  Town  of  Jefferson- 

vilk'  in  the  <  '(mni y  of  Tan  welL 

■  i  March  30,  L861. 

1.  Be  it  enacted   hy  the  general  assembly,  that   it   shall   lie   lawful  mat  baakt 

tor  tli-  Bank  of  Virginia,  the  Farmers  Bank  of  Virginia,  the  Bank 

the  Valley  in  Virginia  and  the  Exchange  Bank  of  Virginia,  or  either 
of  them,  to  establish  an  office  of  discount  and  deposit  at  Jefferson- 
ville  in  the  county  of  Tasewell,  with  a  capital  of  not  less  than  one  Capital 
hundred  thousand  dollars,  nor  more  than  two  hundred  and  fifty  thou- 
sand dollars;  to  he  provided  hy  a  transfer  of  the  capital  stock  from  n 
the  hank  electing  to  establish  such  branch,  or  by  the  creation  and 
sale  of  new  stock  to  the  requisite  amount,  or  by  a  combination  of 
these  modes,  at  the  stockholders  in  general  meeting  may  determine 
and  direct. 

2.  The  said  office,  when  established,  shall  he  under  the  directors,  m  , . ..... 

t.-i  lw  appointed  in  like  manner,  ami  to  have  all  the  powers  and  pri- 
vileges, and  he  subject  to  all  the  rales,  regulations  and  reetrictiona 
provided  hy  law  in  r<  sped  to  other  offices  of  discount  and  deposit. 

iiall  be  in  force  from  its  | 


'  k  of  Virginia, 

l.    Be  it  enacted  hy  the  l-<  n- r.J  assembly  "i  Virginia,  thai  tin   ., 

OH  of  thr  net  entith  .1   an  a.  t  to  amend  the  (  harter  of  t!.. 

Central   Bank  of  Virginia,  passed   Februarj 

hundn  ..  tide  .1  and  n  f..l- 

uterof  tax  nU  bank  shall  oootiaua  and  be  in  ho,' 

until  the  fat  day  of  April  fSM  the*  I    lnndn  d    tad 

•hr,  ■ 


L32 


BANKS. 


Autb*  r 

tran< I 

:  Mock 


may  l» 


2.  TIm-  bank  may  establish  branch  offioee  at  Wajrrenton  in  the 

••.  ..:   Fauquier,  an.]  at  Beverley  in  the  county  of  Randolph. 

with  capital-  of  nut  less  than  on.-  handled  thonaand  dollan  nor  more 

than  two  hundred  and  fifty  thouaand  dollars,  respectively,  at  the  tlis- 
oretion  of  .-aid  bank;  t<»  1"'  provided  by  a  sale  <>f  new  Btook  to  the 
requisite  amount,  or  by  a  transfer  of  oapital  from  tin-  bank  at  Staun- 
ton, or  by  a  combination  of  these  i Les,  at  the  stockholders  in  gene- 
ral meeting  may  tint:  provided,  thai  no  sale  of  the  atook  shall  be 
made  at  leai  than  the  par  value.  The  said  branches,  or  either  of 
them,  when  established,  to  be  ander  the  direction  of  seven  directors, 
to  be  appointed,  and  to  have  the  same  powers,  and  to  be  rabji  of  to 
theoharter  provided  by  law  in  respeol  to  the  said  Central  Bank  of 

Virginia,  and   to  such  other  law.-  as  may  now  he  or  hereafter  pa--.  & 

in  n  sped  i"  .-aid  bank. 

:t.  it  shall  be  lawful  for  tin-  said  bank  to  [norease  its  capital  to  the 
amount  of  on.-  million  of  dollar-,  by  the  sale  of  stock:  provided  it 

shall  not  lie  sold  at  leSB  than  it-  par  Value. 


I  .  m       4.    This  ad  shall  he  in  force  from  it-  passage. 


Chap.  <'>7. — An  ACT  to  enable  the  Rionticello  Hank  or  the  Bank  of  the 
Commonwealth  to  establish  an  Office  of  Discount  and  Deposit  at  Itfonaa 
kon  in  th<-  ( ionnty  of  Lancaster. 

r  -  -  i  t  •  bnuurj  96,  L86X 

I.  Be  it  enacted  by  the  general  assembly,  that  it  shall  and  may 
1m- law  fid  for  tin'  Monticclio  Hank  or  the  Bankof  the  Commonwealth 
to  establish  an  offioe  of  disoounl  and  deposit  at   Bfonaakon  in  the 

county  of  Lancaster,  with  a  capital  of  not  less  lhaii  one  hundred 
thousand  dollars  nor  more  than  one  hundred  and  fifty  thousand  dol- 
lars, at  the  discretion  of  the  stockholders  of  such  hanks. 


bow  r 


2.    The   capital   stock  of  said   office  id'  discount    and  deposit    shall 

he  provided  by  a  transfer  of  the  capital  stock  of  .-aid  banks,  to  the 

amount    aforesaid,  to   said   office   at    Monaskoii.  and   not   by   any  in- 
creased subscription  to  the  capital  stock  of  said  luniks. 


3.    The  management  of  said  offioe  shall  he  under  the  control  of  a 

pi'  jid(  m    ami  hoard  of  directors,  consisting  of  five  in  till,  to  be  ap- 

.     pointed   and   elected    in    the   same   manner,  with  like  qualifications, 

power-  and  tenure  of  office  as  the  directors  of  the  bank  of  which  the 

said  offioe  may  be  a  branch  :   provided,  that  the  fir.^t  election  of 

director-  of  .-aid  oilice  shall  take  place  at  such  time  as  the  directors 
of  the  hank  of  which  the  said  office  may  he  a  branch,  shall  deter- 
mine, ten  day-'  notice  thereof  having  been  first  given  in  some  news- 


BANKS.  133 

paper  published  in  Charlottesville  or  Richmond.  Said  directors, 
thus  elected  and  appointed,  shall  hold  their  offices  until  the  next 
annual  meeting  of  the  stockholders,  or  until  their  successors  shall  he 
chosen  and  qualified. 

4.  The  said  office  of  discount  and  deposit   shall  he  subject  to  the  8nbject  to 
rules,  regulations  and  restrictions  prescribed,  and  invested  with  all  '  ' 

the  rights,  powers  and  privileges  conferred  by  the  fifty-seventh  and 
fifty-eighth  chapters  of  the  Code  of  Virginia,  and  all  acts  amenda- 
tory thereof,  applicable  thereto. 

5.  This  act  shall  be  in  force  from  its  passage,  and  subject   at  all  Commencement 
times  to  modification  or  repeal,  at   the  pleasure  of  the  genera] 
assembly. 


Chap.  68, — An  A.CT  to  authorise  the  Merchants  Bank  of  Lynchburg  and 
the  Klonticello  Bank  to  establish  Branches  .-it  certain  places. 

^1   Murcli  11.  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  what  banka 

for  the  Merchants  Bank  of  Virginia  or  Monticello  Bank  to  establish  ^.'.'.y,' 
branches  at   Rockymounl  in  Franklin  county,  Goodson  or  Abingdon  where 
in  Washington  county,  Lebanon  in  Russell  county,  and  Princeton  in 

Meier  county,  or  in  any  one  of  the  said  places,  with  a  capital  of  not  Capital 
less  than  one  hundred  thousand  dollars  nor  more  than  three  hundred 
thousand  dollars;  to  be  provided  by  a  sale  of  new  stock  to  the  requi- 
site amount,  or  by  a  transfer  of  capital  from  the  bank  that  may  exer- 
cise the  privilege  conferred  by  this  act.  or  by  a  combination  of  th<  Be 
modes,  a-  the  stockholders  in  general  meeting  may  elect. 

•J.    This  act  shall  be  in  force  from  its  passage. 


(  n  ip   66  —An  ACT  tn  incorporate  the  Bank  of  Parkerabarg  in  the  County 

"t  Wood. 

I.    Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  i' 
ibliab   a   bank   at    Parkersburg  in   the  county  of  Wood,  with  a  ' 

capita]  of  one  hundred  thousand  dollar-,  agreeably  to  the  provisk 
of  the  act  entitled  mi  aet  r-i ahli-hin;;  general  regulations  for  the  bv 
corporation  of  banks,  passed  March  the  two  d  in  the  r< 

of  our  Lord  eighteen   hundred  ami  thirty  seven,  esoepf  as  herein 
after  modified;   and  the  subscribers  and  stockholders   therein 
hereby  incorporated  by  the  name  and  style  of  The  Bank  of  Parte 


HANKS. 


i 


f  raforc- 
•  mcnt 


■  '  to 


burg,  agreeably  t<>  tin-  tnie  intent  and  meaning  of  said  rented  act; 

and  shall  continue  until  tin- first  day  of  Ai>ril  in  the  year  eighteen 
hundred  and  eighty;  and  thai  W.  N.  ChanoeUer,  William  Logan, 
K.  B.  Boreman,  J.  J.  Jackson,  jnnior,  W.  11.  Bdorehead,  L.  P.  Heal, 
James  I'd-.  J.  EL  Murdoch.  .James  Cook.  T.  (;.  Smith,  A.  6.  Clark 
and  George  Hopkins,  or  any  five  or  more  of  them,  arc  hereby  ap- 
pointed commissioners  to  open  books  of  subscription  for  the  stock  of 
said  bank,  and  under  the  direction  of  such  person  or  persons,  and  at 
such  place  or  places  as  they  may  designate. 

.'.  And  be  it  further  enacted,  thai  it  shall  he  lawful  for  the  stock- 
holders i"  the  Bank  of  Parkersburg  to  pay  their  respective  subscrip- 
tions in  the  following  installments,  iii  lien  of  those  required  by  the 
recited  act,  to  wit :  ii\  e  dollars  on  each  share  at  the  time  of  sub- 
Boribing;  immediately  after  the  eleotion  of  the  first  hoard  of  direc- 
tors, the  further  sum  of  twenty  dollars  on  each  share  subscribed;  ill 

silt]  days  iVmn  the  election  of  such  directors,  the  further  sum  of 
twenty  live  dollars  on  each  share  subscribed;  and  the  residue  iii  six 
months  from  the  election  of  the  first  hoard  of  directors:  and  if  any 
stockholder  shall  fail  to  pay  the  amount  of  the  requisitions  aforesaid 
for  the  space  of  ten  days  after  the  period  when  the  same  shall  be- 
come due,  he  shall  he  hound  to  pay  legal  interest  thereon  from  the 
day  when  the  same  became  payable;  to  he  recovered  in  the  mode 
now  provided  by  law  for  the  recovery  of  delinquent  subscriptions. 

'\.  Be  it  further  enacted,  that  the  Bank  of  Parkersburg  shall  be 
Bubjeot  to  all  restrictions  and  general  provisions  and  regulations  to 
which  the  banks  of  Virgiuia  may  hereafter  he  subjected  by  the 

legislature. 


ncement       4.    This  act  shall  In-  in  force  from  and  after  its  passage,  and  shall 
In-  subject  to  amendment  or  repeal,  at  the   pleasure  of  the  general 
obly. 


Agl  nrv.  hot* 
-i..-(l 


Chap.  70. — An  ACT  allowing  the  Northwestern  Bans  of  Virginia  ami  any 
of  it s  branches  i"  establish  an  Agency  in  the  City  of  Richmond  tor  the 
n  demption  of  its  circulating  notes. 

Paaaed  January  93,  L8S1. 

l.  lie  it  enacted  by  tin-  genera]  assembly,  that  it  shall  he  lawful 
for  the  parent  hank  or  any  branch  of  the  Northwestern  Hank  of  Vir- 
ginia, to  establish  an  agency  in  the  city  of  Richmond  for  the  redemp- 
tion of  its  circulating  notes,  at  a  rate  of  discount  not  exceeding  one- 
fourth  of  one  per  cent.  If  any  such  agency  he  established,  the 
president  of  tin-  hank  or  branch  shall  certify  the  same  to  the  governor 
of  Virginia  with  each  quarterly  report  of  the  hank;  and  such  certifi- 
cate shall  he  published  with  the  report.     For  failure  so  to  certify  such 


BANKS.  135 

agency,  the  parent  bank  or  branch  establishing'  the  same,  shall  for- 
feit to  the  commonwealth  one  hundred  dollars  for  the  first  offence, 
and  five  hundred  dollars  for  each  separate  offence  thereafter. 

2.  It  shall  be  the  duty  of  the  bank  or  branch  establishing  such  Rate  of  redemp- 
agency,  to  redeem  on  demand  .at  such  agency,  at  a  rate  of  discount tl0u 

not  exceeding  one-fourth  of  one  per  cent,  all  its  circulating  notes 
which  shall  be  presented  at  such  agency  for  payment  ;  and  for  a 
failure  so  to  redeem  the  same,  the  holder  thereof  may  recover  the 
same  damages,  and  in  the  same  mode  now  provided  for  by  law,  for 
failure  to  pay  in  specie  at  the  office  or  bank  where  payable. 

3.  If  the  notes  of  the  parent   bank  or  branch  which  shall  have  specie  draft, 
established  such  agency,  be  presented  for  redemption  at  the  bank  or   ow  ^"<0,1 
branch  at  which  they  are  payable,  such  parent  bank  or  branch  may 
redeem  the  same  by  a  specie  draft  at  par  upon  its  agency  at  Rich- 
mond, where  it  has  made  provision  for  the  redemption  of  its  notes : 
provided  the  aggregate  amount  of  its  notes  presented  and  held  by 

the  same  person,  shall  exceed  five  hundred  dollars.      Any  person  in  case  of  re- 
rerasing  to  aocepl  snob  draft  in  redemption  of  notes  presented  or  held  gpe^droft' ' 
by  him,  shall  not  be  entitled  to  proceed  against  such  bank  or  branch, 
under  the  fifteenth  section  of  the  fifty-eighth  chapter  of  the  Code. 

4.  If  the  parent  bank  or  any  branch  of  the  Northwestern  Bank  of  Not  mbjocl  t< 

Virginia  shall  establish  an  agency  in  the  city  of  Richmond  as  afore-  [gee actfor re 

said.  then,  so  lorn?  as  it  shall  continue  to  redeem  its  circulating  notes  li'1',"'  ""  '';ni1- 
°  o  ot  the  common 

when   presented  for  payment  at  such  agency,  at  a  rate  of  discount  wealth.] 
not  exceeding  one-fourth  of  one  per  cent,  it  shall  not  be  subject  to 
the  act  passed  April  second,  eighteen  hundred  and  fifty-eight,  entitled 
an  act  providing  for  a  more  uniform  currency  of  the  banks  of  the 

state. 

5.  The  parent  bank  or  branch  establishing  such  agency,  may  from  Agency,  how 
time  to  time  thereafter  change  the  same,  and  appoint  a  new  agency     aBge 

for  the  purposes  specified  in  this  act :  but  every  such  appointment 
shall  be  forthwith  certified  as  aforesaid  to  the  governor  of  Virginiaa 

6.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  71.— An  ACT  to  amend  the  Charter  of  the  Banfe  of  the  Common- 
wealth. 

'  January  31,  186L 

l.    Be  it  enacted  by  the  general  assembly,  thai  the  second,  third,  certain i 
fourth,  tilth,  sixth,  seventh  and  eighth  lectioni  of  the  ad  passed  on  ;.'. 

the  fourteenth  .lay  of  March  eighteen   hundred  and   lilly-tlnvr.  enti- 


L36 


HANKS. 


tied  irporate  the  Mineral  Hank  of  Virginia,  ami  the 

■  .1  <.ii  the  mt<  mil  day  of  April  eighteen 

hndnd  and  fifty-eight,  entitled  an  act  i<>  amend  an  ait  t«>  incorpo- 

the  Mineral  Hank  of  Virginia,   ami  to  ohangC   the  name  of  s:iiil 

bank  to  the  Hank  of  the  Commonwealth,  be  and  die  Mine  are  hereby 
repealed. 


.  1 1  b4i  'i 


'.'.     I  hat  the    ninth    section   (if  the   MOM    B04    1"'    and    tin-  same  is 
herein  amended  ami  re-enacted  so  a-  to  read  a-  follow*: 


I  mm' 


1     Thi'  charter  of  the  said  hank  shall  continue  and  1><    in  force 
until  the  first  day  of  duly  eighteen  hundred  and  m\  <  i  i  t  \  -  ■  light." 


■Vli.  li  i 


■  hi 


3.  nrer  of  the  itate  may  retransfer  to  the  said  hank  the 

certii  -in-  (1.  lit  of  tin-  ,-tate.  ami  the  bonds  of  internal  im- 

provement oompaniei  guaranteed  by  the  state,  now  held  by  him  in 
trust  tor  the  pnrpoeei  of  said  hank,  or  any  pari  thereof,  npon  re* 
oeiving  and  canceling  an  equal  amount  of  the  notes  of  said  hank 
Countersigned  by  him:  ami  if  the  note!  Of  thi-  said  hank.  BO  coun- 
rned   by  him.   have  been   so  Ear    returned  ami  canceled    at 

that  the  amount  outstanding  shall  not  exceed  the  sum  of  ten  tlioii- 
tand  dollars,   the    said    treasurer  may    retraiisfi  r  the   residue  of  the 

-aid  certificates  or  guaranteed  bonds  to  said  banks  upon  receiving 

from  at  hu-t    live  of  the  stockholders  thereof,  with  at  hast  live  good 

ami  sufficient  securities,  to  be  approved  by  him,  a  joint  and  several 

bond,  payable  to  the  commonwealth  of  Virginia,  in  a  penalty  eijunl 
to  at  least  three  times  the  amount  of  such  outstanding  notes,  and 
conditioned  to  pay  the  same,  on  demand,  at  the  place  ol  business  <■! 

-aid  hank,  or  either  of  the  Obligors  therein:  which  said  bond  shall 
he  i,  curded  in  the  manner  prescribed  in  the  fourth  seotion  of  chapter 

one  hundred  ami  eighty-sis  of  the  Code  of  Virginia,  and  shall  have 
the   force   of  a  judgment;   and  for  every  breach  of  the  condition 

thereof,  execution  may  be  issued,  upon  ten  days'  notice  of  the  appli- 
cation thenfor.  in  the  name  of  tin'  commonwealth,  for  the  benefit  of 
the  holder  of  any  such  unredeemed  notes,  for  the  amount  thereof 

and  c 


I.    This  act  shall    commence   and   he  in    force  from  and   after  the 

time  when  it-  provisions  have  been  approved  by  the  stockholders  of 

-aid  hank,    convened    in   general    meeting,    and    such    approval    shall 

have  been  made  ami  certified  by  the  president  ami  oasbier  of  said 
hank  to  the  governor  of  the  oommonwealthi 


BANKS.  187 

Chap.  72. — An  ACT  to  amend  the  Charter  of  the  jBank  of  Scottsville. 
Passed  February  27,  lPfil. 

1.  Bo  it  enacted  by  the  genera]  assembly,  that  the  sixth,  seventh,  Certain  sections 
eighth,  ninth  and  tenth  sections  of  an  act  passed  May  twenty-eighth,  repealed 
eighteen  hundred  and  fifty-two,  entitled  an  act  to  incorporate  the 

Hank  of  Scottsville,  be  and  the  same  arc  hereby  repealed. 

2.  That  the  fifth  section  of  the  same  be  and  is  hereby  amended  Section 5 
and  re-enacted  so  as  to  read  as  follows: 

"  §  5.    The  treasurer  of  the  state  may  retransfcr  to  the  said  bank  When  treasurer 
the  Certificates  of  the  debt  of  the  state  and  the  bonds  of  internal  JJe%ficatescf 
improvement  companies  guaranteed  by  the  state  now  held  by  him  hi''<'un,i('8 
in  trust  foe  the  purposes  of  said  bank,  or  any  part  thereof,  upon  re- 
ceiving and  canceling  an  equal  amount  of  the  notes  of  said  bank, 
countersigned  by  him;  and  if  the  notes  of  the  said  bank,  so  conn-  when  residue 
tersigned  by  him,  have  been  so  far  returned  and  canceled  as  that 
the  amount  outstanding  shall  not  exceed  the  sum  of  live  thousand 
dollars,  the  said  treasurer  may  retransfcr  the  residue  of  said  ccrtifi- 

or  guaranteed  bonds  to  said  bank,  upon  receiving  from  at  least  when  bond 

live  of  the  stockholders  thereof,  with  at  least  five  g 1  and  sufficient 

securities,  to  be  approved  by  him,  a  joint  and  several  bond,  payable 
to  the  commonwealth  of  Virginia,  in  a  penalty  equal  to  at  least  three 
times  the  amount  of  such  outstanding  notes,  and  conditioned  to  pay 
the  same,   CO   demand,   at  the  place  of  business  of  said  bank,  or  of 
either  of  the  obligors  therein  ;  which  bond  sliall  be  recorded  in  the 
manner  prescribed  in  the  fourth  section  of  chapter  one  hundred  and 
eighty-six  of  the  Code  of  Virginia,  and  shall  have  force  of  a  judg-  Force  of  judg- 
ment :  and   for  every  breach  of  the  conditions  thereof,   execution  when  execution 
may  be  issued,  upon  ten  days' notice  of  the  application  therefor,  in mK*      " 
the  name  of  the  commonwealth,  for  the  benefit  of  the  holder  of  any 
such  outstanding  unredeemed  notes,  for  the  amount  thereof  and 
costs." 

.'(.    The  bank  shall  not  issue  and  pay  out  any  notes  fur  circulation,  v 

exo<  pi  of  the  denomination  of  Bve  dollars,  or  some  multiple  ol  ten. 

4.   Every  quarterly  statement  of  this  bank  shall,  in  addition  toQnartsriy 
the  information  which  the  (ode  of  Virginia  requires  to  be  m 
ab"  exhibit  tie  ;.■  debt  due  by  the  bank:  the  outstanding 

debts  due  t<>  the  bank:  it-  discount  <d  inland  and  foreign  bills  of 
axehangi  :  its  loans  ho  d  i  ie,  <  irculation  and  depot 

on  the  first  day  ol   <  aeh  month  of  the  quarter  it  < -iuhra. 

.">.     The  board  Of   din  I  t'>rs  of  this  bank   shall   CM 
of  whoa  shall  1  ' 


BANKS. 


.    ::..■.  •'..     I:    •   a   :    shall  <  oinnn  m  .    and  In    in   force  from  aud  after  tin 

time  when  iis  provisions  have  been  approved  by  the  stockholders  i» 
said  bank,  convened  in  genera]  meeting,  at  any  time  before  the  first 
daj  and  inch  approval  ihall  have  been  made  and 

tified  by  the  president  and  oaabier  of  nid  bank  to  the  governor 
of  the  commonwealth. 


•  t  shall  at  all  timet  be  subject  t<>  modification  or  ropeali 
at  the  pleasure  of  the  general  aatembly. 


Chap  73.— An  ACT  to  amend  the  Charter  of  the  Bank  of  tl  nion. 


of  art  .  ■ 


l.   Be  ;'  by  the  general  assembly,  tliat  the  sixth,  seventh. 

eighth,  ninth  and  tenth  sections  <>f  the  act  passed  on  the  twenty-ninth 
day  of  March  eighteen  hundred  and  fifty-one,  entitled  an  act  to  in- 
eorporate  the  Bank  of  the  <»hi  Dominion,  the  Bank  of  Commerce  at 
Prederioksbnrg  and  the  Mechanics  and  Traders  Bank  of  the  city  of 
Norfolk,  and  the  second  section  of  the  act  passed  the  twelfth  day  of 

May  eighteen  hundred  and  lilly-tw...  entitled  an  act  to  anuiid  an  act 
passed    March  twenty-ninth,  eighteen  hundred  and  fifty-one,  entitled 

an  ad  t<>  incorporate  the  Bank  of  the  old  Dominion,  the  Bank  of 
Commerce  at  Prederioksbnrg  and  the  Mechanics  and  Traders  Bank 
of  the  City  of  Norfolk,  be  and  the  same  are  hereby  repealed. 


debt,  i 


•  red 


II. mi 

execu- 


I 


■  .'in,  how 


•.'.  The  treasurer  of  this  state  may  retranafer  i<>  the  said  hank  the 
oates  of  the  debt  of  the  state  and  the  bonds  of  internal  improve* 
nieiit  companies  guaranteed  by  the  state,  novi  held  by  him  in  trust 
for  and  for  the  purposes  of  said  hank,  or  any  pari  thereof,  upon  re- 
ceiving and  canceling  an  equal  amount  of  the  notes  of  said  bank, 
countersigned  by  him  :  and  if  the  notes  of  the  said  hank  so  counter- 
signed by  him,  have  been  so  far  returned  and  canceled  as  that  the 
amount  outstanding  shall  not  exceed  the  sum  of  five  thousand  dol- 
lars, the  said  treasurer  may  ivtransfer  the  residue  of  said  certificate! 
or  guaranteed  bonds  to  said  hank,  upon  receiving  from  at  has!  live 
of  the  stockholders  thereof,  with  at  hast  live  -odd  ;md  sufficient  se- 
curities, to  he  approved  by  him.  a  joint  ami  si  vera]  bond,  payable  to 
the  oommonwealth  of  Virginia,  in  a  penalty  equal  to  at  least  three 

times  the  amount  of  such  Outstanding  notes,  and  conditioned  to  pay 
tin-  same  <>n  demand,  at  the  place  of  business  of  said  hank,  or  of 
either  of  the  obligors  therein  :  which  DOttd  shall  he  recorded  in   the 

manner  prescribed  in  the  fourth  section  of  chapter  one  hundred  ami 
eighty-si]  of  the  t  lode  of  Virginia)  ami  shall  have  the  force  of  a  judg- 
ment :  and  tor  ever]  breach  of  the  conditions  thereof,  execution  may 
he   issued,  upon   i.n  days'  notice  of  the  application   therefor,  in  the 


BANKS.  1 39 

name  of  the  commonwealth,  for  the  benefit  of  the  holder  of  any  suck 
outstanding,  unredeemed  notes,  for  die  amount  thereof  and  costs. 

3.  The  hank  shall  not  issue  or  payout  any  note  for  circulation,  Notes  of  circu- 

lation 
except  of  tin-  denomination  of  five  dollars,  ten  dollars,  or  some  mul- 
tiple of  ten. 

4.  Every  quarterly  statement  of  this  hank  shall,  in  addition  to  the  Quarterly  state 
information  which  the  Code  of  Virginia  required  to  be  made  also  ex- 
hibit the  aggregate  debt  due  by  the  hank;  the  outstanding  debts  due 

to  the  hank;  its  discounts  of  inland  and  foreign  hills  of  exchange;  its 
loans  to  directors;  its  specie,  circulation  and  deposits,  on  the  first  day 
of  each  month  of  the  quarter  it  embraces. 

5.  The  board  of  directors  of  tliis  hank  shall  consist  of  nine,  all  of  Directors 
whom  sliall  be  elected  by  the  stockholders. 

8,    This  act   shall  commence  and  he  in  force  from  and  after  the  Commencement 

time  when  its  provisions  have  been  approved  by  the  stockholders  in 

said  hank,  convened  in  general  meeting,  at  any  time  before  the  first 
day  of  January  next,  and  such  approval  shall  have  been  made,  and 
certified  by  the  president  and  cashier  of  said  hank  to  the  governor  of 

this  commonwealth. 


Chap.  74. — An  ACT  to  amend  the  Charter  of  the  Bank  of  Commerce  at 

Fredericksburg. 

r    -l  February  27,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  sixth,  seventh,  Certain  • 
eighth,  ninth  and  tenth  sections  of  the  act  passed  on  the  twenty-  repealed 
ninth  day  <>f  March  eighteen  hundred  and  fifty-one.   entitled  an  aet 

to  incorporate  the  Hank  of  the  old  Dominion,  the  Bank  of  Com- 
merce  at    Fredericksburg   and   the  Mechanics   and  Traders   Bank  of 

the  City  of  Norfolk,  and  the  second  and  third  sections  of  the  act 
d  the  twelfth  day  of  May  eighteen  hundred  and  fifty-two,  enti- 
tled an  aet  to  amend  the  :,et   passed   the   twenty-ninth  day  of  March 
eighteen  hundred  and  fifty-one.  entitled  an  act  to  incorporate  the 
Bank  <>f  the  Old  Dominion,  the  Bank  of  Commerce  at  Fredericks 
and  the  Mechanics  and  Traders  Bank  of  the  Citj  of  Norfolk, 
me  relate  to  the  Bank  of  Commerce  at  Frederii 

loir::,  be  and  the  sane-  are  hereby  r<  ]"  sled. 

2.  That  the  fourteenth  section  of  the  first  named  act,  so  far  at  it 
relab  i  to  the  ,  b<    sad  the  same 

id<  d  and  re-enacted  so  as  to  read  ai  foil 


140 


BANKS. 


. 


■  :   II.    'I'll.-  charter  cf  th.    -aid  bank  shall  continue,  and  1"-  in 
11  nt i  1  the  first  day  of  April  «-ii^lit*-»-ii  hundred  and  seventy-one." 


3.  The  treasurer  <>f  tin-  state  may  retransfi  r  t<>  the  Bald  bank  the 
oettinoatai  of  the  debt  of  the  state  aad  the  bends  of  internal  im- 
provement oompanies  guaranteed  by  tin-  >t :i 1 1-.  now  held  by  him  in 
trust  f..r  the  purp  ■!  l *:m  1< .  or  any  part  thereof,  opon  re- 

ceiving and  canceling  an  equal  amount  of  the  ootei  of  said  bank 
countersigned  by  him;  and  if  the  notef  of  said  banh  m  oounter- 
■  .1  by  him,  haye  been  m  far  returned  and  oaneeled  a*  that  the 
amount  outstanding  shall  n..t  exceed  the  sum  of  five  thousand  *  1 « •  1 — 
lars,  the  said  treasurer  may  retransfer  th<-  residue  of  said  <•<  rtiti- 
<>r  guaranteed  bonds  to  Kii.1  bank,  upon  reoeiying  from  at  least 
livi-  of  the  stockholders  thereof,  with  at  Last  five  good  and  sufficient 
irities,  t<>  be  approved  by  him,  a  joint  and  several  bond,  payable 
to  the  commonwealth  of  Virginia,  in  a  penalty  equal  to  at  least  three 
times  the  amount  of  such  outstanding  notes,  and  conditioned  to  pay 
the  Ham.-  .in  demand,  at  the  place  of  business  of  said  bank,  or  of 
either  of  the  obligors  therein:  which  bond  shall  1"-  recorded  in  the 
manner  prescribed  in  the  fourth  section  of  chapter  one  hundred  and 
■  liiy-.-ix  of  the  Code  of  Virginia,  and  shall  have  the  force  of  ■ 
judgment;  and  for  every  breach  <d'  the  conditions  thereof,  exeoutiou 
may  In-  issued,  upon  tt-n  days'  notice  of  the  application  therefor,  in 
the  name  of  the  commonwealth,  for  the  benefit  <d"  the  holder  of  every 
such  outstanding  unredeemed  note,  for  tin-  amount  thereof  and  the 


Denomii 


I.   The  hank  shall  nut  issue  and  payoul  anynotes  for  circulation, 
<\c.  i  >  t  ..I'  tin-  denomination  id'  five  dollars,  or  some  multiple  of  ten. 


5.  Every  quarterly  statement  of  this  bank  shall,  in  addition  to  the 
information  which  th.-  Code  of  Virginia  requires  t « »  In-  made,  also 
exhibit  the  aggregate  debt  dm-  by  tin-  bank,  tin-  outstanding  debts 
dm-  to  the  bank,  its  discounts  of  inland  and  foreign  bills  of  exchange; 
its  loans  tn  directors;  its  Bpeoie,  circulation  and  deposits,  on  tin-  first 
day  ..I'  each  month  of  tin-  quarter  it  rmhrnccs. 


Nllllll.ir  •■( 

■lir.  cton 


•  i.   The  hoard  of  directors  of  this  hank  shall  consist  of  Beven,  all 
of  whom  shall  be  elected  by  the  stockholders. 


7.   This  act  shall  commence  and  In-  in  force  from  and  after  the 
time  when  its  provisions  have  been  approved  by  the  stockholders  in 

said   hank,   convened    in  general  meeting,    and   such  approval   shall 

have  been  made  and  certified  by  the  president  and  cashier  of  said 

hank  to  the  L,'o\ernor  of  the  commonwealth. 


BANKS.  141 

Chap.  ?.">.— Au  ACT  to  amend  the  Charter  of  the  Bank  of  Pbilippi. 
Passed  January  31,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fifth,  sixth,  certain  sections 
seventh,  eighth,  ninth,  tenth,  eleventh  and  thirteenth  sections  of  the  repealed 

acl  passed  on  the  fourth  day  of  March  eighteen  hundred  and  fifty- 
six,  entitled  an  net  establishing  an  independent  hank  in  the  town  of 
Philippi  in  the  comity  of  Barbour,  be  and  the  same  are  hereby 
repealed. 

2.  The  treasurer  of  the  slate  may  ntransfer  to  the  said  hank  the  Howcen 
Certificates  Of  the   debt  of  the   state   and   the  bonds  Of  internal  ini-  retransf 

provemenl  companies  guaranteed  by  the  state,  now  held  by  him  in 
trust  for  the  purposes  of  said  bank,  or  any  pari  thereof,  upon  re- 
ceiving and  canceling  an  equal  amount  of  the  notes  of  said  hank. 
countersigned  by  him;  and  if  the  notes  of  the  said  hank  so  counter- 
signed by  him,  have  been  so  far  returned  and  canceled  as  that  the 
amount  outstanding  shall  not  exceed  the  sum  of  five  thousand  dol- 
lars, the  said  treasurer  may  retransfer  the  residue  of  said  certificates  H<m  n 
or  guaranteed  bonds  to  said  hank,  upon  receiving  from  at  hast  five  Bond?  when 
0.f  the  stockholders  thereof,  with  at  least  five  good  and  sufficient  seen-  execnte™ 
rities.  to  he  approved  by  him,  a  joint  and  several  bond,  payable  to 
the  commonwealth  of  Virginia,  in  a  penalty  equal  to  at   least  three 
times  the  amount  of  such  outstanding  notes,  and  conditioned  to  pay 
the  same,  on   demand,  at  the  place  of  business  of  said  hank,  or  of 
either  of  the  ohligors  therein  ;  which  bond  shall  be  recorded  in  the 
manner  prescribed  in  the  fourth  section  of  chapter  one  hundred  and 
eighty-six  of   the  Code  of  Virginia,  and  shall  have  the  force  of  a  Force  of  a  Jud| 
judgment:  and  for  every  breach  of  the  conditions  thereof,  execution  when  execution 
may  lie  issued,  upon   ten  days'  notice  of  the  application  therefor,  in  may  1S8"e 
the  name  of  the  commonwealth,  for  the  benefit  of  the  holder  of  any 
Such  outstanding  Unredeemed   notes,  for  the  amount  thereof  and  tin' 


.'?.    The  bank  shall  not  issue  and  pay  nut  any  notes  for  circulation.  Dew 
cept  of  til 
tijile  of   ten. 


except  of  the  denomination  of  live  dollars,  ten  dollars,  or  some  mul-  ° 


1.    Every  quarterly   statemen'  of  this   bank   shall,  in   addition   to  Quarterly 
the   information   which    the    Code  of  Virginia    requires    to  he  maih. 

exbibil  the  aggregate  debl  due  by  the  hank:  the  outstanding 

debt!  due  to  the  bank  :   its  discount  of  inland  and  foreign  hills  of  e\- 

ohange;  ii-  loans  to  directors;  it-  specie,  circulation  and  deposits, 
on  the  first  d-iy  <'f  each  month  of  the  quarter  it  embmi 

5.     The  hoard  of  dm  etoi>  nf  tln^    hank    shall    en:  \  .  n.  all  Number  of 

of  whom  shall  In    .beted  by  tin-  stockhoi 


BANKS. 


•  '..  Tl  ii  Ml  shall  commence  and  be  in  force  from  and  after  the 
time  when  it-  provisions  have  been  approved  by  the  stockholders  in 
said  bank,  convened  in  general  meeting,  at  any  time  before  the  first 
<lay  «>f  September  next,  and  inch  approval  shall  baft  been  made 
and  QfTtJMed  by  the  president  and  oaahiei  of  >-:ii«l  bank  to  »h. 
vernor  of  the  commonwealth. 


Chap.  78. — an  aCT  n>  amend  the  Charter  of  the  Iferchanti 

\       -'.nia. 
P«*»e.l  lM.niiiry   In.   U 

I.  Be  it  enacted  by  the  general  assembly,  that  the  sixth,  seventh, 
eighth  and  ninth  sections  of  the  ad  passed  the  twenty-sixth  day  of 
Manli  eighteen  hundred  and  fifty-one,  entitled  an  act  to  incorporate 
the  Merchant*  Bank  of  Virginia,  and  the  fourth  section  of  the  act 
paaaed  the  tenth  day  of  February  eighteen  hundred  and  fifty-two, 
entitled  an  act  t<>  reduce  the  capital  Btock  Of  the  Merchants  Bank  of 
Virginia,  be  and  the  same  are  hereby  repealed. 


•  ,  how 


•,<>n,  bow 
iuued 


2.  The  treasurer  of  the  state  may  retransfer  t<>  the  said  hank  the 
certificates  of  the  debt  of  the  state  and  the  bonds  of  companies 
guaranteed  by  the  state,  now  held  by  him  in  tru>t  for  the  purpose  of 
said  hank,  or  any  pari  thereof,  apon  receiving  and  canceling  an  equal 

amount  of  the  notes  of  said  hank  countersigned  by  him:  and  when 
the  ai  luntersigned  by  him,  outstanding,  shall  nol  exceed  the 

sum  of  ten  thousand  dollars,  the  said  treasurer  may  retransfer  to  said 
hank  the  residue  of  said  certificates  and  homls.  upon  receiving,  from 

at  least  five  of  the  stockholders   thereof.   \\  i 1 1 1   at    least  five  good  and 

sufficient  securities,  to  be  approved  by  him,  a  join!  and  Beveral  bond, 
payable  to  the  commonwealth  of  Virginia,  in  a  penally  equal  to  at 

leasl  three  times  the  amount  of  such  outstanding  note.-,  and  condi- 
tioned to  pay  the  same,  on  demand,  at  the  place  of  husiness  of  said 
hank',  or  of  any  one  of  the  obligors  therein:  which  bond  shall  be  re- 
corded in  the  manner  prescribed  in  the  fourth  section  of  the  one 

hundred  and  eighty-sixth  chapter  of  the  Code  of  Virginia,  and  shall 

have  tiie  force  of  a  judgmenl :  and  for  every  breach  of  the  condition 
thereof,  execution  may  he  issued,  apon  teli  days'  notice  of  the  ap- 
plication therefor,  in  the  mime  of  the  oommonwealth,  for  the  benefit 

of  tlie  holder  of  such  notes,  for  the  amount  thereof  and  costs. 


uf  note* 


'■',.    Said  hank  shall  not  hereafter  issue  any  notes  of  circulation,  ex- 
cept of  the  denomination  of  five  dollars,  or  of  some  multiple  thereof. 


Commencement  J.  Thi-  act  shall  be  in  force  from  the  time  its  provisions  shall  be 
aooepted  by  the  stockholders  of  said  hank,  and  the  governor  of  the 
oommonwealth  notified  thereof. 


BANKS.  148 


Chap.  77. — An  ACT  to  amend  the  Charter  of  the  Southwestern  Bank  of 

Virginia, 

Passed  April  2,  L861. 

1.  Bo  it  enacted  by  the  general  assembly,  that  the  second,  third,  Certain  scctious 
fifth,  sixth,  seventh,  eighth,  ninth  and  tenth  sections  of  the  art  passed  ',,,■',! 

on  the  eleventh  day  of  May  eighteen  hundred  and  fifty-two,  entitled 
an  act  to  incorporate  the  Bank  of  Wytheville,  be  and  the  came  arc 
hereby  repealed. 

2.  That  tin'  eleventh  section  of  the  said  act  be  and  the  same  is 
hereby  amended  and  re-enacted  so  as  to  read  as  follows: 

"§  11.    The  charter  of  the  said   hank   shall   continue  and  be   in  Duration  of 
force  until  the  first  day  of  July  eighteen  hundred  and  seventy-eight."  charter 

3.  The  treasurer  of  the  state  may  retransfer  to  the  said  bank  the  Bow  certificate!" 
certificates  of  the  public  debt  now  held  by  him  in  trust  for  the  pur-  !_'tf,,^ka '£,, 
poseg  of  the  said  bank,  or  any  part  thereof,  upon  receiving  and  can-  retran«ferwd 
oeling  an  equal  amount  of  the  notes  of  said  hank  countersigned  ly 

him;  and  when  the  notes  of  the  said  hank,  so  countersigned  by  him, 
have  been  so  far  returned  and  canceled,  as  that  the  amount  outstand- 
ing shall  not  exceed  the  Bum  of  ten   thousand  dollars,  the  said  trea-  Residue, hum 
surer  may  retransfer  the  residue  of  paid  certificates  to  said  bank,  r,,r'" 
upon  receiving  from  at  least  five  of  the  stockholders  thereof,  with  at  Bond  to  be 
least  five  good  and  sufficient  securities,  to  be  approved  by  him,  a  execn 
joint  and  several  bond,  payable  to  the  commonwealth  of  Virginia,  in  a 
penalty  equal  to  at  least  three  times  the  amount  of  such  outstanding 
and  conditioned  to  pay  the  same,  on  demand,  at  the  place  of 
business  of  said  bank,  or  cither  of  the  obligors  therein  ;  which  bond 
shall  be  recorded  in  the  manner  prescribed  in  the  fourth  section  of 

chapter  one  hundred  and  sixty-six  of  the  Code  of  Virginia,  and  shall  Force  of  a 
have  the  force  of  a  judgment  :   and  for  every  breach  of  the  conditions Howexeeatton 
thereof,  execution  may  be  issued,  npon  ten  days'  notice  of  the  appli-  may  ,88ne 
cation  therefor,  in  the  name  of  the  commonwealth,  for  the  benefit  of 

the  holder  of  such  unredeemed  notes,  for  the  amount  tin  reof  and 
costs. 

5.    Thil  :<t    -hall   Commence  and   be   in    force   from    and   after  the  commencement 

time  when  it-  provisions  have  been  approved  by  the  stockholdt  i 

bank,  convened  in  general  meeting,  and  such  approval  shall 
have  been  certified  by  the  president  and  oashier  of  said  hank  to  the 
governor  of  the  commonwealth. 


Ml  BAHK8. 

(n\<     78.— All  ACT  to  I  I  H  wardsvillc. 

Paurd  Fcbrwv  11.  U 

I.  Be  it  enacted  by  the  gi  i  mbly,  that  the  seventh,  eighth, 

tenth,  twelfth,  fourteenth,  fifteenth,  sixteenth,  Dth,  nineteenth, 

twentieth,  twenty-first,  twenty-second  and  twenty-third  lof  the 

tin-  eighteenth  day  "f  March  eighteen  hundred  and 
fifty-six,  entitled  an  act  to  incorporate  the  Bank  of  Howardsville  in 
tin  oounty  «'f  Albemarle,  he  and  the  same  an-  hereb]  r.  pt 

•j.   The  treasurer  of  the  state  may  retransfer  t<>  the  said  bank  the 
the  debt  "f  the  state  and  the  bonds  of  internal  impi 
lin-nt  oompanies  guaranteed  by  the  state,  now  held  by  him  in  trust 
for  the  purposes  of  said  bank,  or  any  part  (hereof,  upon  receiving 
and  canceling  an  equal  amounl  of  the  notes  of  said  bank  counter- 
signed by  li;in :  and  it'  tin-  notes  <>f  the  said  bank,  so  countersigned 
by  him,  have  he.  n  so  far  returned  and  oano  led,  so  that  the  amount 
•  outstanding  shall  not  exceed  the  sum  of  five  thousand  dollars,  tin* 
said  treasurer  may  retransfer  the  residue  of  -aid   certifict  ' 
Boadi  guaranteed  bonds  to  said  bank,  npon  receiving  from  at  least  five  of 

the  stockholders  thereof,  with  at  least  five  good  and  sufficient  securi- 
to  be  approved  by  him,  a  joint  and  several  bond,  payable  t<> 
the  commonwealth  of  Virginia,  in  a  penalty  equal  to  at  least  time 
times  tin-  amount  <>f  such  outstanding  notes,  ami  conditioned  to  pay 

thr  .-am.- lemand,  at  tin-  place  of  business  of  said  bank,  or  <>f 

either  of  the  obligors  therein;  which  bond  shall  be  recorded  in  the 
manner  prescribed  in  the  fourth  section  of  chapter  one  hundred  ami 
eighty-sii  of  the  Code  of  Virginia,  and  shall  have  the  force  of  a 
,  judgment  :  ami  for  every  breach  of  the  conditions  thereof,  execution 
maj  be  issued,  upon  ten  days-  notice  of  the  application  therefor,  in 

the  name  of  the  commonwealth,  for  the  benefit  of  the   holder  of  :ni\ 
such  outstanding  unredeemed   notes,  for  the  amount  thereof,  and  the 

<  osts. 

D  •''..    The  bank  shall  not  Issue  and  ]iay  out  any  note-  for  circulation, 

pt  of  thi'  denomination  of  five  dollars,  or  some  multiple  of  ten. 

i  ,,f  I.     I'll.'  hoard  of  directors  of  this  hank  shall   consist  of  seven,  all 

of  whom  shall  he  elected  by  the  stockholdi 

",.    This  act    shall  commence  and   he  in  force   from   and    after  the 

time  when  its  provisions  have  been  approved  bj  the  stockholders  in 

i  hank,  convened  in  general  meeting,  at  any  time  before  the  first 

day  of  September  next,  and  snob  approval  shall  have  been  made  and 

c.  rtitieil  by  the  president  and  cashier  of  said  hank  to  the  governor  <d' 

the  commonwealth. 


BANKS.  141 

Chap.  79. — An  ACT  to  amend  the  Charter  of  the  Bank  of  Richmond. 
Passed  Moral  85,  L861. 

1.  Be  it  enacted  by  the  general  assembly,  thai  the  fifth  section  of  An  of  i860 
;ui  art  passed  April  second,  eighteen  hundred  and  sixty,  entitled  an 
act  to  incorporate  the  Bank  of  Richmond,  be  amended  and  re-enacted 

SO  as  to  read  as  follow.-  : 

"  §5.  Whenever  the  said  bank  shall  legally  transfer  to  and  de-sts 
posit  with  the  treasurer  of  this  state,  in  trust  for  the  purposes  of  said  1' 
bank,  certificates  of  the  public  debt  of  the  state,  or  the  bonds  of  any 
company  or  companies  guaranteed  by  (he  state,  bearing  six  per  oen- 
tnni  interest,  to  the  amount  of  twenty  thousand  dollars,  the  paid  bank 
shall  be  authorized  to  deliver  notes  of  any  denomination  it  may  elect, 
not  under  five  or  ten.  or  any  multiple  of  five  or  ten  dollars,  to  the 
rer.  in  the  usual  form  of  hank  notes  intended  for  circulation, 
to  the  full  amount  of  tli"  stock  so  deposited;  upon  the  face  of  which 

shall  be  printed  or  expressed  the  words  "secured  hy  the  pledge  of 
state  securities."  And  such  bank  nods  shall  be  countersigned  by  the 
said  state  treasurer,  and  numbered  and  regisfa  red  in  proper  hooks  to 
be  provided  and  kept  for  that  purpose  in  the  office  of  the  said  trea- 
surer; ami  such  notes  so  countersigned,  shall  be  redelivered  to  the 
proper  officer  of  the  said  bank ;  and  the  said  bank  so  receiving  the  \..-.=.  ho* 
same  may  thereupon  issue  its  notes  aforesaid  to  the  full  amount  „f,B8Ued 
the  stock  so  deposited,  and  none  others  whatsoever.  And  from  time 
to  time,  upon  further  deposits  of  such  certificates  of  the  debt  of  the 
state  of  said  bank,  in  sums  of  nol  less  than  five  thousand  dollars,  the 
said  bank  Shall  thereupon  in  like  manner  issue  note  .  countersigned 
as  aforesaid,  to  the  full  amount  so  deposited:  but  suei  jhall 

not  in  the  aggregate  exceed  the  capital  herein  provided.    And  thei 
said  treasurer  shall,  upon  the  application  of  the  said  bank, 

and  cane  1  any  of  it <  notes,  Countersigned  as  aforesaid,  that  have  lte- 

oome  mutilated  or  defaced,  and  in  lien  thereof  shall  countersign  and 

redeliver  other  hank  notes  of  like  denomination,  or  of  equal  amount ; 
and  raok  nob  shall  be  numbered  and  registered  by  the  treasun  r 
"renewed  notes:"  provided,  however,  before  the  treasurer  shaO 
countersign  any  note  of  the  said  hank,  the  governor  shall  certify  to 
him  the  fact  that  the  minimum  capital  of  one  hundred  thousand  dol- 
n  actually  subs<  id  paid  in  as  provided  for  in  this 

act:   ami  the  further  fact,  that  bank  holds  in   if-   own   right, 

in  current  :ifth  of  the  amount  of  tie  lay  time  | 

■  1  under  the  pro  u." 

2.   1  ball  I-  bj 

in 


i4<; 


BANKS. 


('(...•■..  r 


Chap.  -   —An  \<  I  I  as  of  Chad 

i.  Be  it  enacted  by  the  general  aasembly  of  Virginia,  that  km 
charter  of  the  Bank  of  Charleston  ba  and  is  herebj  extended  bom 
the  twenty-seventh  day  of  Februarj  eighteen  hundred  and  sixty- 
three,  for  twentg  years;  and  the  said  bank  is  hereby  invested  with 
all  the  rights,  powers  and  privileges  conferred,  and  made  subject  to 
all  the  roles,  regnlaaona  and  restriotionfl  imposed  by  the  fifty-sixth, 
fifty-seventh  and  fifty-eighth  chapters  of  the  Code  of  Virginia,  and 
the  act  entitled  an  ad  In  amend  the  tenth  section  of  ohapter  lifty- 
d  df  the  Code  of  Virgtni  \pril  ninth,  eighteen  hondred 

and  fifty-three,  so  far  as  the  same  are  applicable  to  and  not  incen- 
with  thU  act. 


Loaai  md 


•j.   The  loans  and  discounts  of  the  .-aid  bank  shall  be  an  regulated 
that  they  shall  aol  exceed  twice  the  capital  of  said  hank. 


Certifli 


::.   The  hank  shall  give  no  certificate  <>f  deposit,  draft  or  outer 

•  \',.l.  oce  <>f  debt,  which  i-  not  payable  in  specie. 


^nation 


I.     The  hank  shall  not   i>sue  or  pay  out   any  in. tc  for  circulation, 

except  of  the  denomination  of  live  dollars,  ten  dollars,  or  of  some 
multiple  of  ten. 


Quarterly 


5.  Every  quarterly  statement  of  tin-  hank  shall,  in  addition  t.>  the 
information  which  the  Code  of  Virginia  requires,  also  exhibit  the 
aggregate  debt  due  by  the  hank:  the  outstanding  debt  due  to  the 
hank:  its  discounts  of  inland  and  foreign  bills  of  exchange;  its  loans 

to  directors:    its  specie,  circulation   and   deposits,  00   the   li'.t  day  of 
each  month  of  the  quarter  it  emhr;  ■ 


I>  r.  i-lori", 

imiv  ehoian 


<i.    All   the   directors  of  said   hank   shall  be  elected   by  tie  Stock- 
holders thereof;   but  the  governor  may.  at  any  time  appoint  OOKUBJS- 

Bioners,  with  power  to  examine  the  papers  and  officers  of  said  hank, 
and  to  enquire  whether  the  laws  applicable  to  the  said  hank  have 
been  Btrictly  observed. 


Commcunmini       7.    This  act  shall  comim  nee   ami   he    in    force   from   and   af: 

time  when  its  provisions  shall  have  been  approved  hy  the  stockholders' 
in  general  meeting,  at  any  time  before  the  said  twenty-seventh  day 
of  February  eighteen  hundred  ami  sixty-three,  and  such  approval 
shall  have  been  made  and  certified  by  the  president  and  cashier  of 

the  hank,  under  its  corporate  seal,  to  the  governor  of  tins  common- 
wealth. 


BANKS.  Hr 


Chap.  81.— An  ACT  to  amend  the  Charter  of  the  Danville  Bank,  and  to  au- 
thorize Branches  for  the  same. 

led  February  20,  18G1. 

1.  Be  it.  enacted  by  the  general  assembly,  that  the  fifth  andse-  kotoi 
venth  sections  of  an  aol  passed  on  the  thirteenth  day  of  February 
eighteen  hundred  and  fifty-eight,  for  the  purpose  of  amending  an 
act  entitled  an  act  to  amend  an  act  passed  March  eighteenth, 
eighteen  hundred  and  fifty-six,  entitled  an  act  to  incorporate  the 
Bank  of  Danville,  be  SO  amended  as  to  read  as  follows: 

"  §  5.  The  total  amount  of  paper  circulation  of  said  Bank  of  \ 
Danville  and  its  branches,  shall  at  no  time  exceed  five  limes  the 
amount  of  coin  in  possession  and  actually  the  property  of  said  bank. 
If  the  coin  he  reduced  to  less  than  one-tifth  of  its  paper  circulation, 
id  bank  shall  (henceforth  make  no  new  loans  or  discounts  until 
its  coin  shall  hear  to  its  circulation  the  proportion  of  one  to  five." 


"  §  7.    lie  ii  further  enacted,  that  it  shall  be  lawful  for  the  presi-  wi 

dent   and  directors  of  said   Danville   Bank   to  establish  branches  of£ 
said  hank  at   Patrick  courthouse  in  the  county  of  Patrick,  and  an- 
other branch  of  said  hank  at  Princeton  in  the  county  of  Mercer,  or 
one  at   Jeffersonville  in   the  county  of  Tazewell,  or  at   either  of  said 
places,  with  a  capital  not  exceeding  one  hundred  and  fifty  thousand 
dollars:    to   he    provided    by    a    sale  of   new    stock    to    the    requisite  Capital  t 
amount,  or  by  a   transfer  ,,f   capital  from   the  bank  at   Danville,  orJ,° 
by  a  combination  of  these  modes,  as  the  said  president  and  directors 
may  elect:   provided,  that  no  sale  of  stock  shall  lie  made  at  less  than 
par  value.    Each  of  said  branches,  when  established,  to  be  under 

the  direction  of  five  directors,  to  be  appointed  by  the  stockholders 
of  said  bank;  to  have  the  s:inie  powers  and  be  subject  to  the  charter 
provided  by  law  in  respect  to  said    Bank  id'  Danville,  and  such  other 

as  may  now  be  and  hereafter  passed,  as  properly  applicable  to 
said   hank:    provided,    that    the   minimum   capital   of   each   of    said  Minis 
branch  banks  shall   not   be  less  than  one  hundred  thousand  dollars. 

hall  be  in  force  from  its  |  Co::. 


In  A<  T  to  repeal  an  act  passed  April  2d,  1858,  entitled  an  act 
iwealth  te 

l.   Be  it  enacted  by  tie-  general  assembly,  that  the  net  oai     i 
April  second,  eighteen  hundred  and  fit-  atitled  u  act  r,.."f"alod 

quiring  the  banks  of  the  commonwealth  to  r<  um<  specie  payments, 

be  and  the  same  is  li<  r<  bj    1 1  |"  ah  d. 

"J.     This  act   |haU  he  iii  f. .r<  •    fr<>i  <  Con.  ti 


S  K& — PILOT    LAWS. 


Chap  83  —A-  isurer  of  tl     9 

tain  Bonk  Notes  turn  on  it  posil  in  I  d  such  u  may  I 

in  fat 

I.    Be  it  enacted  by  the  genera]  assembly,  that  the  treasurer  of 
the  commonwealth  be  authorized  and  required  t<>  destroy  the  bank 

notes  v<<\\  .in  deposit  in  his  office,  which  have  been  returned  I 
office  for  cancellation  <>r  renewal  by  1 1 1 « •  several  banks  of  the  Mate; 
;iix1  iii  future  :ill  such  bank  notes  so  returned  t"  said  office,  after  the 
same  shall  have  been  cane*  led  ot  renewed,  Bhall  1"-  destroyed  by  the 
said  treasurer  and  the  aj  ent  of  such  bank  so  returning  their  i 

j.   Tin-  .,. :  Bhall  commence  and  be  in  force  from  its  passage. 


Chap.  84. — An  ACT  absolving  the  Btate  :m<l  Treasurer  from  all  liability  in 
•  Coupon  Bonds  deposited  as  security  for  Bank  Circulation, 
unless  the  said  Coupons  be  converted  into    I  I  Stock,  and  probibit- 

■u]m hi  Bonds  from  b  ling  reo  ived  In  future  as  such  security. 

1  atardi  90,  1861. 

I.    Be  it  enacted  by  the  general  assembly,  that  unless  tin-  banks  of 
this  state  Bhall,  on  or  before  the  first  day  ft'  April  next,  avail  them- 
li:J'ih,-v  selves  of  the  authority  contained  in  the  seventeenth  section  of  chap- 

ter sixty-seven  of  the  ('ode  (edition  of  eighteen  hundred  ami  sixty), 
in  convert  tin-  coupon  bonds  deposited  with  the  treasurer  as  security 
fur  the  circulation  of  such  bank,  into  tin1  registered  debl  of  the  Btate, 
ami  iln  1>\  that  day  make  tin-  conversion,  thai  the  treasurer  a.-  well 

as  tin-  state  shall  he  absolved  from  all  liability  mi  aOCOUnt  of  the  loSS 
of  such  coupon  bunds  :   provided,  that  this  act  shall  nut  he  construed 

t<>  admit  the  liability  of  the  gtat<  upon  such  loss  to  anj  person  other 

than  the  lawful  holder  of  such  lost  bonds. 

r..i  2.   None  but  registered  bonds  of  the  state  .-hall  hereafter  bere- 

i     ived    by   the   treasurer  as  security  for  the  circulation  of  am   bank 

incorporated  by  this  state. 
.■'..   This  act  shall  be  in  tore,   from  tin-  first  day  of  duly  eighteen 

hundred  and  sixty-one. 


Chap  35.— An  ACT  to  amend  the  act  t"  amend  the  Pilot  Laws  in  regard  to 
the  Potomac  River. 

J  Kareli  -j?,  L86L 

Suction  l  <.f  ait        I.    H«-  it  enacted  by  the  general  assembly,  that  the  first  section  of 
"'  MWMMBtod  ;m  act    to  amend    the  act    to  amend   the  pilot  lawi  in   regard   to  the 


PILOT    LAWS.  H^ 

Potomac  river,  passed  March  twentieth,  eighteen  hundred  and  sixty, 
be  repealed  and  re-enacted  so  as  to  read  as  follows  : 

"§  1.    That  the  county  court  of  Alexandria  county  shall  appoint  Examining  com- 

...  ...  ,  ,      e  '.      .  misxioners  to  b< 

five  suitable  persons  to  constitute  a  board  ol  commissioners  to  ex-  appobi 
amine  persons  applying  for  branches  as  pilots  for  the  river  Potomac. 
The  said  board,  when  appointed,  shall  meet  at  Alexandria,  and  shall  where  to  meet 
continue  in  office  for  three  years  from  the  dates  of  their  appoint- 
ment respectively.      Every   person    applying   to    said    hoard    to   he  Qualifications 
licensed  as  a  branch  pilot,  shall  satisfy  them  of  his  citizenship  and  of 
his  good  character;  and  the  said  hoard  shall  not  appoint   or  license 
any  person,  unless  they  are  fully  satisfied  that  he  is  qualified,  by  ser- 
vice and  experience,  to  act  as  a  pilot  for  the  Potomac  river.     Said  Bond 
board  shall  take  bond  with  good  and  sufficient  surety,  from  every 
;u  roii  they  may  license  as  such  pilot,  in  the  penalty  of  five  hundred 
dollars,  for  the  faithful  discharge  of  his  duty;  which  they  shall  return  When  roturne.: 
to  the  clerk  of  the  count}  courl  of  Alexandria  county,  to  he  by  him 
filed.      They  shall  he  allowed  a  fee  of  five  dollars  for  each  person  they  Fees 
shall  BO  license.      The  said  bonds  shall  he  renewed  every  year,  and 
the  board  shall  from  time  to  time  decide  how  many  pilots  are  ne- 
cessary." 

2.    Re  it  further  enacted,  that  the  third  section  of  said   act   he  re-  gectii     .>  of  act 

,     ,  ,  .  i  /•  ii  of  If 

pealed  and  re-enacted  so  as  to  read  as  follows: 

"§  3.  The  said  pilots  are  authorized  to  receive  and  collect  fromRateaof 
Is  hound  to  or  from  sea.  pilotage  at  the  following  rates,  to  wit:  pi  ° 
On  licensed  coasting  veSBels  of  one  hundred  and  fifty  tons  or  less. 
nine  cents  pel  ton  ;  and  more  than  one  hundred  and  fifty  tons  mea- 
surement, seven  cents  pet  ton;  and  not  more  than  two  dollars  per 
foot  up.  and  one  dollar  and  seventy-five  cents  per  font  down  the  river, 
on  all  other  vessels   for  the  entire   distance   between  a  point    hearing 

southwest  from  Point   Lookout  and  Alexandria:   and  every  V( 
spoken  by  such  a  pilot  between  said  point  and  Ragged  point,  or  at 
him,    hall  pay  one  dollar  and  twenty-five 
cents:   provided,  that  British  American  vessels  owned  in  the  British  ft  -.*oe« 
provinces,  ot  vessels  owned  in  the  United  state-,  bound  to  the  port 

of  Alexandria  from  any  of  said  provinces,  or  from   Alexandria  to  the 

same,  shall  be  subject  only  to  the  name  charts  for  pilotage,  and  shall 
be  on  tie  tame  footing  in  regard  to  pilotage,  as. vessels  belonging  to 
■  the  United  Btates  sailing  under  coasting  license :  and  pro- 
vided allO,  that  it  shall  he  lawful  tor  all  \<  -->  1-  I  Dgaged  in  the  coal 
trade,  to  proceed  from  or  to  anyplace  in  tin-  state,  without  any 
oharge  for  pilotage  :  and  should  satisfactory  e\  idenoe  be  afforded  that 
an]  vesst  1  is  hound  to  such  place  in  ballast,  f<>r  tie-  purpose  <>f  oarry- 

..il.  -uch  vessel  shall  he  free  from  pilotage*  both  inward  and 
0Utwa(d  hound:  and  provided  further,  that  all  claims  acernin-  under 
tbifl   act.  -hall   he   recoverable,  with   OOStB,  before   any  justice    of  the 


QUAHO    UTD    PI 

hai  ing  jai 

•  ;        ■  •         :i.     Thi-  in  t  -hall  }«■  in  f..r. •••  from  it-  p  i--.i_-.  . 


I 
I'  :.  nbarf. 

I.   i  etedbythi  bly,  that  the  third  and  fourth 

•  I  March  fifteenth,  eighteen  hundred  and  fifty. 

entitled  an  act  to  provide  for  the  inspection  of  guano  and  plaster  "i 

parii  in  the  oity  of  Richmond  and  town  of  Petersburg,  1»-  amended 

and  re-em  §  to  read  at  foil* 

••  S  3.    Prom  ami  after  the  !■  it  shall  nol  be  law 

ful  to  Bell  <»r  expose  or  offer  for  -ah-  any  guano  vrithin  the  lin 
the  city  <>f  Richmond  or  city  of  l'  ■  whether  the  same  be  in 

barn  nnlest  the  same  ihall  have  been  firsl 

inspected  ami  marked  by  the  inspectors  appointed  by  virtue  of  tins 
act,  or  some  one  of  liis  deputies  legally  appointed,  under  the  penalty 
of  twenty  dollars  for  each  ami  every  violation  of  this  acl :  to  lie  re- 
covered by  action  of  debt,  in  the  name  <.f  the  oommonwealth  of 
Virginia,  before  any  justice  of  the  peace  iii  and  for  the  oity  of  Rich- 
mond or  city  of  Petersburg:  the  one-half  to  the  use  of  the  informer; 

the  other  half  to  the    use-  of   the    Literary    fund:  ami    that    all    pn>- 

Lings  before  said  justioe  shall  be  such  as  an  now  authorised  bj 

law  in  oast  -  of  .-mall  debts  under  his  jurisdiction. 

I.  It  hall  he  tin-  duty  of  the  inspeotori  appointed  by  \irtuo 
n|  thi|  ait.  to  inspect  all  guano  which  may  hereafter  he  exposed,  or 
Offered  for  sale  .,r  -old  within  the  limits  of  the  city  of  Richmond  and 

cit\  ni  Petersburg,  whether  the  same  beoontainedinbags,  barrels,  kegi 
or  casks,  ami  to  put  proper  marks  on  the  tame,  denoting  the  place  of 

inspection  ami  the  quality    and  weight   Of  guano   contained    in    cadi 

bag,  barrel,  !>•  making  proper  allowance  t". >r  the  weight  oi 

the  bag,  barrel,  keg  or  cask  in  which  said  guano  or  plaster  of  pari* 
may  he  contained,  according  to  the  best  of  his  judgment." 

•.'.      I  hi-  act  shall  he  in  force  from  \l<  pa--aL'c 


COUNTY   LINES.  151 


Chap.  87. — An  ACT  to  amend  the  I  si  section  of  the  ad  pawed  March  4, 
L856,  for  marking  the  Boundary  Fine  between  Fluvanna  and  Albemarle 
Counties. 

Passed  February  27, 1861. 

Be  it  enacted  by  the  general  assembly,  that  the  first  section  <>f  the  a,  i .  r  is.%*> 
act  passed  March  fourth,  eighteen  hundred  and  fifty-six.  entitled  an  '"' 

act    <(•  mark  and  define   the  boundary  line  between    Fluvanna  and 

Albemarle,  he  amended  and  re-enacted  so  us  t<>  read  as  follows : 

"§  1.  B.  IF.  Ma-ruder,  dames  W.  Mason.  1>.  W.  Wyatl  and  Commissioners 
William  A.  Rogers  of  the  county  of  Alhemarle,  and  William  G. 
Clarke.  B.  .T.  Haden,  J.  II.  Burgess  and  John  Johns  of  Fluvanna, 
he  and  they  are  hereby  appointed  commissioners,  any  four  of  whom 
may  art.  provided  two  so  acting  shall  he  citizens  of  each  of  said 
Counties,  whose  duty  it  .-hall  he  to  examine,  ascertain,  fully  define  Their  duties 
and  mark  the  line  between  the  said  counties  of  Alhemarle  and  Flu- 
vanna, on  the  portion  of  the  line  from  the  James  river  to  the  Three 
chopped  road;  and  for  that  purpose,  they  shall  select  their  own 
time:  and  being  first  duly  sworn,  shall  proceed  to  discharge  the  said 
duty,  and  report  the  result  to  each  of  the  county  courts  of  Alhemarle 
and  Fluvanna." 


PRIVATE  OR  LOCAL  ACTS. 


Chap.  88.— An  ACT  to  amend  the  Charter  of  the  City  of  Richmond. 
Passed  March  18, 1861. 

1.  Be  it  enacted  by  Hie  general  assembly,  that  the  territory  eon-  city  of  Rich- 
tained  within  the  limits  prescribed  by  the  act  now  in  force,  and  byj^^ 
any  act  hereafter  passed  by  the  general  assembly,  shall  be  deemed 

and  taken  as  the  oily  of  Richmond:  and  the  housekeepers  and  in- 
habitant! within  the  said  limits,  and  their  successors,  shall  continue 
to  be  a  corporation,  with  perpetual  succession,  by  the  name  and 
style  of  The  City  of  Richmond;  and  as  such,  and  by  that  name, 
may  contract  and  be  contracted  with,  sue  and  be  sued,  plead  and  be 
impleaded,  answer  and  be  answered  unto;  and  may  purchase,  take, 
receive,  hold  and  use  goods  and  chattels,  lands  and  tenements,  and 
ohosee  in  action,  or  any  interest,  right  or  estate  therein,  either  for 
the  proper  use  of  the  said  city,  or  in  trust  for  the  benefit  of  any  per- 
sons or  association  therein;  and  the  same  may  grant,  sell,  convey, 
transfer  and  assign,  let,  pledge,  mortgage,  charge  and  encumber  in 
any  case,  and  in  any  manner  in  which  it  would  be  lawful  for  a  pri- 
vate individual  so  to  do;  and  may  have  and  use  a  common  seal,  and 
Biter  and  renew  the  same  at  pleasure;  and  generally  shall  have  all 
the  rights,  franchises,  capacities  and  power-  appertaining  to  muni- 
cipal corporations  in  this  commonwealth. 

2.  The  corporation  of  the   city  of   Richmond  shall   have  all   the  Blgfati  and 
-.  rights,  titles   and   privileges,   all   the  funds,  revenues   and  J.',','^,', ,"{•„„ 

claims,  and  all  the  powers,  capacities,  franchises  and  immunities 
which  v.i  re  vested  in,  or  conferred  upon,  or  belonged,  or  app<  rtaim  d 
to  the  city  of  Richmond,  or  to  the  mayor,  aldermen  and  commonalty 

of  the  city  of  Richmond,  by  or  under  any  act  01  act-  of  the  -•  m  ral 

bly  heretofore  passed,  and  Dot  in  conflict  with  this 

3.  i  id  corporation  there  ihaU  be  a  mayor.    There  shall  Mayor  ad 

be  i  bo  rd  called   "the  council  of  the  city  of  Richmond;"  which 

shall  be  com] id  of  fifteen  members;  of  whom,  until  the  council 

■hall  othei  cribe,  five  shall  be  for  each  ward ;  and  there  shall 

li.  a  court,  which  shall  be  sailed  '•  the  oourt  of  hustings  for  the  dty 
of   Richmond;"  and  the  mosuboi1  •  "nrt  shall  oonsist  of  a oowt of  knit- 

judge,  the  mayor,  and  fifteen  oth<  r  ]•>  rSOSM  :    of  Which  fifteen  per  .  ^ 

until  the  council  shall  oti  .  .  tie  re  -hall  in  like  manner 

be  !r.  •  h  Ward. 


]•"»!  rownfc 

l.   All  tin  tides  and  prn  1  all  the  funds. 

:iml  claims  <>f  the  city  shall  be  under  the  care,  mai 
!rnl  and  disposition  of  the  oonncil :  and  all  the  oorpt 

I    immunities  of  the   < -it y   shall   he 
I.  or  under  it-  authority,  uuh  -    il  l"  otber- 
«riat  provided. 

5,   Then  shall  bean  election  annually  in  each  ward  of  the  said 

.  on  the  lir-t  Wednesday  in  April;  or  in  oaae  of  failure  to  hold 

the  i  ■  thai  day,  then  do  inch  day  afterward!  ai  the  ooanoti 

may  direot :  which  election  in  ■  ward  iball  be  For  it-  memben  of  the 

oonncil  and  memben  of  the  oomi  of  hustings,  other  than  the  judge 

nd  for  persons  to  fill  the  following  offii 
wit:    Mayor,  sergeant,  high  constable,  superintendent   of  t*  • 
work-.  mi|h  rinti mliiit  of  streets,  superintendent  of  water  works, 

[lector  of  the  city  taxes,  captain  of  the  night  watch,  ssjf> 
r  of  the  poorhoose,  ganger,  and  measurer  of  grain.     And  there 
lhall  also  be  elected,  bj  the  qnalil  '1  city,  at  -uch 

time  and  place  as  the  oonncil  of  the  city  shall  prescribe,  a  Jod 

the  ci.iirt  of  hustings  for  -aid   city,  who  shall   hold   hi-    offioe   for  the 

term  of  eight  years,  and  shall  receive  such  compensation  as  maj  be 

r allowed  by  the  oonncil:   provided,  thai  his  election  shall  nol  take 

place  within  thirty  days  of  any  municipal  or  state  election  in  -aid 

city,  other  than  a  State  election  for  a  judge,  and   thai    his  QOmponii 

tion  shall  nol  be  diminished  during  his  term  of  offioe.  The  manner 
of  conducting  his  election,  of  making  return  thereof,  of  his  qualifi- 
cation, of  ordering  uen  elections  to  till  vacancies  in  his  oilier,  and  of 
deciding  disputed  elections,  shall  be  proscribed  by  ordinance  of  the 

council. 

TaraofoflM  <>•  The  term  of  oilier  of  members  of  the  council  and  of  the  court 
of  hustings  (other  than  the  judge  thereof),  and  of  all  the  other  offioen 
mentioned  i"  the  nexl  preceding  section,  ezoepl  th<  ■  shall 

commence  on  the  Saturday  after  the  election,  and  the  term  of  oilier 
of  the  assessor  shall  commence  on  the  firs!  daj  of  duly  thereafter. 

7.   <  in  the  firs!  Wednesday  in  April  nexl  before  the  expiration  of 
the  presenl  term  of  offioe  of  the  offioen  herein  after  mentioned  in 

thi>  section,  or  in  oaae  Of  B  failure  to  hold   the  election   on   thai   day. 

thru  on  such  day  afterwards  as  she  council  maj  direct,  there  shall  be 
■..  held  an  election  for  the  follow  ing  offioen,  to  w  it  :  A  clerk  of  the  hus- 
tings eouri  of  said  city,  an  attorney  for  the  commonwealth  in  saad 

court,  and  a  surveyor  for  said   city:   and  on   the  same  da\  on   every 

sixth  year  thereafter,  then-  shall  he  elected  a  clerk  of  said  oonrl  and 
irveyor ;  and  in  every  fourth  year  thereafter,  then  shall  be  elected 

an  attorney  for  the  commonwealth  for  said  court  :   and  e\n\  vacancy 

aecurring  in  either  of  the  offices  enumerated  in  tin-  section,  shall  he 

filled  by  an  election  for  so  much  of  said  term  as   remains  unexpired, 


TOWNS.  165 

to  be  held  at  nidi  time  as  shall  be  directed  by  the  council,  and  in  the 

manner  prescribed   in   tins  act:  and  in   case  the  vacancy  lie  in  the  How  clerk,  pro 
/v  i-iii-i  r    -t  •  -i  *        •  •  appointed 

ofnee  ol  clerk,  the  judge  oi  the  said  hustings  court  may  appoint  a 

cleric  pro  tempore,  who  shall  discharge  the  duties  until  a  clerk  shall 

be  elected  and  qualified. 

8.    At  such  election  in  a  ward,  any  white  male  citi7.cn  of  the  com-  Wbo  ma: 
momvenltli  of  the  age  of  twenty-one  years,  who  resides  in  soch  ward, 
and   is  qualified   to  vote  in   the  city  for  members  of  the  general  as- 
sembly, sliall  have  a  right  to  vote,  and  be  eligible  as  members  of  the 
council  or  of  the  court  of  hustings. 

!t.    For  SUCb  election  the  city  shall  continue  divided  (as  at  present)  City  dlYided 

into  three  wards,  until  the  council  shall  lay  it  off  into  wards  differ- 
ently, or  alter  the  wards.  The  said  election  shall  be  held  at  such 
place  in  each  ward  as  shall  have  been  prescribed  by  the  council  ;  the 
pn  sidenl  or  clerk  of  the  council  publishing,  previous  to  the  election, 
notice  of  the  time  and  place  therefor,  in  two  papers  of  the  city  for 
two  \\i  eks,  or  for  such  other  time  as  the  council  may  direct. 

in.    For  superintending  said   election,  the  council  shall,  previa 
.  •    ,   />  •  i  -t  •     •  of  election,  how 

thereto,  appoint  live  persons  m  each  ward  as  commissioners,  any  two  appointed 

or  more  of  whom  may  act.  to  superintend  the  election  in  each  ward. 

They  shall  admit  all  persons  entitled  to  vote  to  do  so.  and   reject  the 

VOteS  of  all  not  entitled,  and  in  all  respects  have  the  poll  fairly  taken. 

■liner  to  the  charter  and  the  ordinances  of  the  <  ity.     They  may 

■wear  any  person  to  answer  questions  in  relation  to  any  ricrht  to  vote 

which  i-  claimed:   and  the  name  of  any  person  offering  to  vote,  but 

rejected  by  them,  if  required  by  the  voter  or  any  candidate,  shall  be 

enter,  d  in  a  separate  lisl  on  the  poll,  with  the  names  of  the  persons 

for  whom  he  wished  to  VOt 

1 1 .    Every  SUCh  commissioner  shall,  before  he  enters  upon  the  <lis-  n.ith  r>f  com 
charg  duties,   take   an    oath   faithfull;  '•■  the  office  of 

Commissioner;    Which  oath    may   be   administered   by    the   mayor,  or 
any  justice  of  the  city,  or  by  the   person   appointed   to   conduct   the 
an  :   and  a  certificate  of  said  oath  shall  be  returned  to  the  clerk 
of  the  (onto  il.  ami  be  pn  -,  t  \  .d  in  his  office. 

! •_'      The  poll  shall  not  be  open*  d  at  any  election  sooner  than  sun-  WbeSpotM 
lad   shall   be  closed  at    sunset.      But    if  the  electors  who  appeal 
fit  the  pla.  not  all  be  polled  b<  f(  ■  '.  or  if  it  shall  ,„.  ^"pf^,,'  ™* 

app<  nr  t.i  th<  oomm  any  of  those  entitled  to  • 

I    freui    attending   by    rain,    tiny   shall   keep  the  poll- 
open  for  two  days,  including  • 

13.    An  officer   to  conduct    the  flection   in  each   ward   shall   be  np-  < 
point,  d   bj   ''  ■  council:  or  if  the  council  fail  to  do  m.  or  tie   nfl 


156 


[-0WN8. 


Appointed  by  it  fail  to  attend,  bj  we  eornmiaaioners.     And  before  Ik* 

iim-iu-.—   taking  tin-  poll.   In-  shall  tako  ;iii  uatli  or  affirmation   i<» 

following  effect :    •■  I  r,  thai  in  oondnothig  the 

•  to  be  held.  I  will  not  attempt  to  influence  the  vote  af 

person,  it  be  guilty  of  an)  partiality  for  any  candidate  or  pi  r- 

100  VOted  fur.  and  a-  far  a-  depend*  00  inc.  I  will  make  a  true  return 

of  the  reaolt  of  th<  rding  to  law.    Be  help  me  God." 

I'n.li  r  tl  and  control  of  tin-  oovnmiaeiouera,  it 

shall  be  the  ilnty  of  aaid  officer,  after  taking  the  oath  <t  affirma- 
tion herein  preecribed  (a  certificate  whereof  «-li:»ll  be  retnrned  to 
the  clerk  of  the  oonnoU),  to  oanae  the  polls  t"  be  opened  publicly 
fur  the  election  in  the  ward  for  which  be  ia  appointed;  to  pro- 
claiin  ai  irded  the  vote*  admitted  by  the  oommiasio 

order  and  remove  force.    The  aaid  officer  ahaO  em- 
ploy mob  writera,  and  at  inch  rate  of  oompenaation  aa  the  oonnofl 
maj  direct;  <>r  in  the  abaence  of  anch  direction,  rach  writera,  and 
K  h  rate  aa  he  shall  think  fit;  and  they  rliall  respectively  take 
an  oath,  t.i  be  administered  by  said  officer,   t"  record  the  votea 
roiibook-  :..!..  faithfully  and  impartially.     Be  shall  deliver  t<>  each  writer  a  poll 

1 k  fnr  thoae  offi<  .  ra  a-  to  whioh  Mich  writer  ia  to  record  the 

fob  i.  The  writera  shall  enter  the  name  of  each  voter  in  a  column 
to  be  headed  with  the  words  --v..  •  -  "i  voters ;"  and  opposite  the 
name  of  the  rotor,  a  mark  or  numeral,  under  the  name  of  each  per- 
aon fnr  whom  he  votes  for  any  of  said  officee.  The  said  votea  shall 
be  given  aa  prescribed  by  the  fourth  section  of  the  third  article  of 
the  constitution;  but  at  the  time  a  rote  ia  given,  the  officer  shall  re- 
ceive of  each  rotor  a  paper  Or  tiokel  (with  hia  name  written  on  it), 
whioh  shall  specify  the  names  of  the  persona  fox  whom  he  votea,  and 
for  what  office. 


Toll,  bow 


I  I.  Alter  the  names  of  all  the  persons  otferin^  to  vote  before  the 
time  lor  dosing  the  election  shall  have  been  thus  entered,  the  offioer 
shall  Conclude  the  poll.      Immediately  mi  the   conclusion   thereof,  the 

emu  .mm     -i  the  jioll  shall  he  certified  by  the  oommiasionen  super- 
intending the  el«  otion,  and  by  the  offioer  OOnduoting  the  same. 


Doabta  rotto*         15.    If  a  person  VOto  more  than  ome  in  the  same  election,  all   his 

Mite-  except  one  thai]  he  stricken  from  the  poll.  This  shall  be  done 
in  an  election  for  members  of  the  council,  or  of  the  court  of  boa- 
tings, by  tin-  offioer  conducting  the  election  for  the  ward  in  which 

such  election  is  held,  and  m  the  election  of  other  officers,  by  the  offi- 
lucting  the  elections  in  tin-  Several  Wards.       It  -hall   he   done 

upmi  an  examination  of  the  polls,  to  In'  had  as  s i  aa  practicable 

r  tbej  are  oloaed;  ami  the  offioer  or  offioera  -hall  at  the  same 

time  attach  to  the  poll  a  list  of  the  vol.-  -t  ii«k«n  therefrom,  and  the 
reaaona  therefor. 


HI.    The  Officer  OOnduoting  the  election  in  a  ward  shall  then  aSCOT- 


towns;  l  57 

tain,  declare  and  certify  what  persons  are  elected  in  said  ward  as  election,  bow 

members  of  the  council ;  or  if  an  equal  number  of  votes  be  given 

for  persons  of  whom  one  or  more,  but  not  all  could  lawfully  be 

elected,  he  shall  certify  the  name  of  each  of  said  persons,  and  the 

number  of  votes  given  for  him.     lie  shall  also  ascertain  and  certify 

the  name  of  each  person  voted  for  in  such  ward  as  member  of  the 

court  of  hustings,  and  the  number  of  votes  given  for  him.     And  the 

officers  conducting  the  elections  in  the  several  wards  shall,  in  respect 

to  each  of  the  other  otiiees   for  which  an  election  is  held,  ascertain 

and  certify  tile  name  of  each  person  voted  tor  for  such  office,  and  the 

number  of  votes  given  for  him. 

17.  The1  certificates  of  said   officers,  with   the  polls  and   tickets,  To  whom certi 
shall  be  delivered  by  them  to  the  clerk  of  the  council:  whereupon,  uoadel 
persons  appearing  from  said  certificates  to  be  elected  in  a  ward  as 
members  of  the  council  for  such  ward,  shall  be  entitled,  after  taking 

the  proper  oath,  to  sit  in  the  council  until  the  council  shall  otherwise 
decide.  The  council  shall  ascertain,  and  upon  their  journal  enter 
what  persons  are  elected  from  each  ward  as  members  of  the  court  of 
hustings,  and  what  person  is  elected  to  each  of  the  offices  for  the  city 
that  are  mentioned  in  the  fifth  and  Beventh  sections. 

18.  The  council  may  decide  between  two  or  more  persons  having  Tic  votes,  who 
an    equal   number  of   votes  for   the   same   office,  which   of   them  is m"-  " '"  ' 
elected:  it  may  pass  upon  the  qualifications  of  persons  voted  for:  it  Poweriof 
may  prescribe  the  manner  of  determining  contested  elections  in  cases  '" 

not  specially  provided  for  by  this  act :  it  may  prescribe  the  tines  to 
be  imposed  on  persons  who  vote  illegally  :  and  in  regard  to  any  Other 
question  in  respect  to  which  it  directs  a  poll,  it  may  make  such  rules 
and  regulations  as  it  may  deem  tit. 

lit.    The  council  shall  certify  to  the  court  of  hustings  held  by  the  Duty  of  council 
mayor,   recorder  and   aldermen,   the    nanus  of    the  persons   elected  tioiV  oVi'mc'iii-0 
from  each  ward  as  members  of  said  court,  and  the  name  of  the  per-  hurtlng8?wid 
son  elected  sergeant,  ami  the  name  of  the  person  elected  high  con-  oto*r oflwn 
stable:   and   the   raid   court    shall   take  from   said  sergeant    and  con- 
Btable  respectively,   a   bond  in  like  manm  r  as  if    it-  had  appointed 
them.      The  council   shall   cause    the   several    persons   elected  to  be 
notified  of  their  election:  and  the  persons  elected  members  of  the  Roconi.r 
court  of  hustings  shall  elect  from  among  themselves  one  person  as 

recorder,  and   one  as   senior  alderman   of  the  city,  and  certify  BUOh  Senior  alderman 

election  to  said  court.  The  other  persona  elected  members  of  said 
court  shall  he  aldermen  of  tin'  oity. 


90.    The  members  of  the  OOnnoil   fol   any  ward,  who  may  DC   in  m.  mhrrp  of 

rinmril  t"  MM 

tinne  moil  sue 


office  at   the  time  ;in  election   is  held   fur  their  successors,  shall  con 


qualified 

fied.    The  members  of  the  curt  of  hustings  elected  from  any  ward,  same  bj  to 


I<>\\  MS. 


rncniWrf  of 

f  litift- 
tug* 


wli.i  may  In-  b  •  tin-  time  :m  election  is  held  for  their  boo- 

co.-iir.-.  shall  tlso  continue  in  office  until  said  b  .  or  ■  ma- 

jority «>f  them,  art-  qualified  :  And  the  mayor,  and  all  other  pononi 
holding  offices  mentioned  in  the  fifth  and  seventh  sections,  or  ap- 
point. «1  index  ordinances  of  the  city,  shall  (onion  sooner  removed) 
continue  in  office,  after  tln-ir  t inn >  of  servioe  have  expired,  until 
th»ir  respective  are  qoaiified. 


■ 

CJUWS    Of   rxpul 

I     how 
filled 


•ji.  If  the  persoo  who  shall  have  received  the  highest  Dumber  of 
votes  for  an  office  be  adjudged  by  the  oooocU  to  be  ineligible,  or  if 
in  case  of  a  oontested  election  the  council  decide  that  neither  of  the 
parties  t<>  the  oootesl  is  entitled  t<»  tlu-  office  for  which  the  election 
was  held,  or  shall  expel  a  member,  it  shall,  in  either  of  said  « 
order  ■  bow  election  to  fill  the  vacancy,  and  prescribe  the  time 
therefor:  and  nnless  the  coonoU  otherwise  direct,  such  new  election 
shall  be  conducted  and  superintended  by  tin-  same  officers  who  con- 
ducted  and  superintended  the  previous  elect  shall  be  under 

the  like  regulations. 


OtitOT  I 

bow  filkil 


22.  If.  daring  the  term  for  which  a  person  may  have  been  el«  ted 
to  any  office  herein  mentioned,  a  vacancy  occur  in  said  office,  other- 
wise than  is  mentioned  in  the  preceding  and  seventh  sections,  such 
ooy  may  be  filled  by  an  appointment  for  so  much  of  said  term 
unexpired.  Such  appointment  .-hall  be  by  the  court  of  hustings 
held  by  the  mayor,  recorder  and  aldermen,  if  the  vacancy  be  in  the 
office  of  sergeant,  high  constable,  recorder,  senior  alderman  or  any 
other  alderman;  and  shall  in  other  oases  be  by  the  council.  The 
appointment,  if  the  vacancy  be  in  the  office  of  recorder  or  senior 
alderman,  shall  be  from  among  the  other  members  of  the  court;  if 
in  the  office  of  any  other  alderman,  or  of  a  member  of  the  council, 
from  among  voters  in  the  ward  for  which  such  member  of  the  coun- 
cil was  elected,  ox  in  which  the  number  of  aldermen  is  deficient: 
and  if  in  any  other  office,  from  among  those  who  would  be  eligible 
thereto,  if  an  election  wen-  held  under  any  preceding  section  of  this 
act. 


111  mode 
of  election,  turn 
made 


'j:{.  If  the  council  shall  at  any  time  deem  it  expedient  that  a 
change  should  hi-  made  in  the  mode  of  electing  any  of  the  officers 
mentioned  in  section  live.  BO  as  to  authorize  the  council  or  court  of 
hustings  to  appoint  one  or  more  of  them,  the  council  may  direct  a 
poll  to  be  (alien  for  and  against  said  charge,  specifying  in  such 
resolution  the  particular  office  ox  offices  as  to  which  the  change  is 
propo  ed,  and  whether  it  is  proposed  that  the  appointment  thereto 
shall  be  bj  the  council  or  the  court.  The  resolution  shall  designate 
rtain  time  fox  the  poll,  not  lass  than  one  month  from  its  date, 
and  shall  be  published  fox  one  month  in  at  Least  two  newspapers  of 
the  city.  At  the  Lime  designated,  the  poll  shall  be  taken,  soperin- 
•  '  aded  and  conducted  by  the  same  officers,  at  the  Bame  places,  and 


TOWNS.  159 

in  like  manner  as  the  elections  herein  before  mentioned.  If  a  ma- 
jority of  the  votes  be  in  favor  of  the  change  proposed,  the  council 
shall  have  the  fact  entered  on  their  journal ;  :ui<l  thenceforth  there 
Bhall  be  no  new  election  under  the  fifth  section  for  the  particular 
office  or  offices  specified  in  the  resolution,  but  at  tin-  expiration  of 
the  Mar  for  which  an  election  shall  have  been  made  to  said  office  01 
offices,  the  same  shall  be  filled  by  an  appointment  to  be  made  by  the 
councilor  the  court,  according  as  the  one  or  the  other  shall  have 
been  proposed  and  voted  for. 

24.    Neither  the  members  of  the  council  nor  any  of  the  officers  oathR  of  office 
mentioned  in  Bections  fiv<  ■  n  of  this  act,  nor  the  officers  ap- 

pointed   by    the   council,   shall    he   competent    tO   act    Until   they    shall 

have  taken  the  oaths  or  affirmations  i'v  Bcribi  d  by  the  charter  or  the 
ordinances  of  the  city,  before  the  mayor  or  pome  other  justice  of  the 
city.  And  if  any  person  elected  as  a  member  of  the  council,  or  to 
any  <>f  said  offices,  shall  not  have  taken  such  oath  or  affirmation,  an. I 

filed  a  certificate  thereof  in  the  proper  office  within  such  time  a-  the 
council  shall  prescribe,  he  shall  he  considered  as  having  vacated  his 

The  council  shall  elect  one  of  its  members  to  act  as  president,  iTrM.iont  of 
who  shall  preside  at  its  meetings,  and  continue  in  office  for  the  \.ar;  '"""" 
and   when   from    any  cause  he  shall  he   absent,  they   may   appoint  a  President  pro 
president  pro  tempore,  who  shall  preside  during  the  absence  of  the  u'mpore 
president.     The  president,  or  the  president  pro  tempore,  who  shall 
le  when   the  proceedings  of  a  previous  meeting  are  read,  shall 
sign  the  same.    The  presidenl  shall  have  power  at  any  time  to  call 
ting  of  the  council  :   and  in  case  of  his  absence,  sickm  .--.  disa- 
bility  or  refusal,  the  council  may  he  convened  by  the  order  in  writing 
of  any  three  members  of  the  council. 

;  the  council  shall  constitute  a  quorum  for  Quorum  of 
the  transai  tion  of  b  ad  no  by-law,  ordinance  or  regulation 

shall  be  binding,  unit  ne  shall  have  |  ,1  by  the  ?< 

■if  a  majority  of  the   members  of  the  council  who  are  pr<  sent. 

■  i  .  ■  d  i.i  granl  - 1 

ider   and  aldermen  of  the  <\t\  :    tl  mayor 

1  out   of   1! 

authority  to  adopt  inch  ruh  p  and 

■per  for  tl  • 
'i  of 
their 

■    I 
expel  a  mi  mix  r.      I  -m*),  bow 

h  shall  at  -aid  **** 


160 


TOWNS. 


n  of 
eoandl 

Of  r:t_v 


city;  and  at  the  request  <>f  any  member  present,  the  ayes  ami  i 
on  any  question  put  shall  be  taken  and  entered  on  the  journal.    The 
olerk  "t  the  oounefl  t-hall  be  tin-  keeper  of  tin-  seal  of  the  city. 

The  oouncU  shall  have  authority  to  pass  all  by-laws,  mlrs  and 
ordinances  (not  repugnant  to  tin-  constitution  and  law-  of  this  state) 
which  shall  be  necessary  f"r  the  good  ordering  ami  government  of 
Midi  I  -  shall  from  time  t<»  time  reside  or  In-  within  the  limits 

(.f  the  said  city.  <»r  shall  be  concerned  in  interest  therein,  for  the 
management  of  its  property  and  the  due  and  orderly  conducting  of 
ita  affairs,  or  which  shall  lie  necessarj  or  proper  to  cany  into  full 
effect  any  power,  authority,  capacity  or  jurisdiction,  which  i- or  shall 
he  granted  i<>  or  vested  in  the  said  city,  or  in  the  council,  the  oourl 
of  hustings,  or  any  offioer  of  said  city,  or  which  they  shall  deem  ne- 
liy  for  the  peace,  comfort,  convenience,  good  order,  good  morals, 
health  or  safety  of  said  city,  or  of  the  people  or  property  therein: 
and  to  enforce  any  or  all  of  their  ordinances!  by  reasonable  fines  and 
penalties,  not  exceeding  for  any  one  offence  the  hums  limited  in 

this  act. 


\Vhm  i 

..  may 
appoint 


30.  The  council  may  appoint  such  officers  a-'  they  may  deem  pro- 
per, in  addition  to  those  herein  before  provided  for.  and  define  the  low- 
ers and  prescribe  the  duties  ami  compensation,  not  only  of  officers  so 
appointed,  but  also  of  the  overseers  id'  the  poor,  the  superintendents 
of  the  streets  ami  gas  works,  superintendent  of  the  water  works. 

assessor  and  collector  of  the  city  taxes,  captain  id"  the  night  watoh, 

ganger,  measurer  id'  grain,  ami  manager  of  the  poorhouse;  ami  may 

take  from  any  of  said  officers  bonds  with  sureties,  in  BUCh  penalty  as 

to  the  council  may  seem  fit.  payable  to  the  city,  by  its  corporate 
name,  and  conditioned  for  the  faithful  discharge  of  aaid  dutii  9.  Any 
of  paid  officers  may  lie  removed  from  office  by  the  council  for  mis- 
conduct or  neglect  "f  official  duty:  and  the  council  may  declare 
when   the  office  of  an}'  of  them   shall   become  vacant   by  a   failure  to 

Whanoffieen     qualify.    All  officers  appointed  by  the  council  may  he  removed  from 
\v^n',,n  ■.,".'"'' "'  «d1ice  at  its  pleasure;  and  when  from  a  change  in  the  mode  of  con- 
ducting the  business  for  which  any  offioer  is  elected  or  appointed, 
the  office  is  no  longer  necessary,  the  council  may  abolish  it. 


■abject 


31.  The  parties  to  bonds  taken  in  pursuance  of  th<  preceding 
ction,  their  heirs,  devisees,  executors  and  administrators,  shall  be 
subject  to  the  same  proceedings  on  the  said  bonds  for  enforcing  the 

conditions  and  terms  thereof,  l.y  motion  or  otherwise,  before  the  cir- 
cuit court  of  the  city  of  Richmond,  or  the  hustings  court  of  the  city, 
When  held  by  the  judge  thereof,  or  any  other  courts  held  in  the  city, 
whidi  may  succeed  to  their  civil  common  law  jurisdiction,  that  col- 
lectors of  the  county  levy  and  their  securities  are  or  shall  he  subject 
to  on  their  bonds  for  enforcing  payment  of  the  county  levies. 


Wiiru- 
cliungcd 


32.    The  council  may  change  the  boundaries  of  the  wards,  and 


TOWN-.  161 

increase  the  number  thereof;  and  may  alter  the  names  of  wards  ami 
streets,  and  may  apportion  the  members  of  the  council  and  aldermen 

amon£  the  several  wards  according  In  their  population. 

S3.   The  council  may  (if  it  sliall  be  deemed  expedient)  cause  to  be  puaof  ruy 
made  n  survey  and  plan  of  the  city,  showing  each  lot.  public  Bfa 

and   alley,   the   size   and   number  of  the   lets,  and    the   width   of  the 

ts  and  alleys,  with  such  explanations  and  remarks  as  the  Council 

may  deem  proper.    The  said  plan,  upon  being  approved  by  two  suc- 

neils.  shall  l»e  entered  upon  the  books  of  tin-  clerk  of  the 
council,  and  shall  afterward-  he  recorded  in  the  office  of  the  clerk  of 
the  court  of  hustings  of  the  city,  and  remain  in  said  office,  l!  shall 
be  evidence  of  said  ts  and  alleys:  provided,  that  the  lots 

laid  down  shall  lie  only  the  lots  laid  down  in  the  plan  of  the  town, 
ami  not  the  divisions  thereof  since  made:  provided,  thai  the  said 
survey  and  plan  shall  not  he  approved  by  either  council  until  they 
shall  have  referred  the  same  to  a  committee,  and  the  accuracy  of  the 
said  survey  and  plan  is  certified  by  said  committt 

•M.    The  council  may  establish  markets  in  and  for  said  city:  ap-  v.,rkrtR. 
point  clerks  and  proper  officers  therefor:  prescribe  the  times  and boTI 

-  for  holding  tin'  same:  provide  suitable  buildings  therefor: 
and  they  may  enforce  such  regulations  as  shall  be  necessary  or  proper 
to  pn  vent  hucksterii  ilin.tr  and  regrating. 

35.  The  council  may  erect  or  provide,  in  or  neat  the  city,  suitable  v, 
workhouses,  ho  correction,  and  houses  for  tin-  reception  ami! 
maintenance  of  the  poor  and  destitute.    They  shall  possess  and 

exclusive  authority  over  all  persons  within   the  limits  of  said 
city,  feceiving  or  entitled  to  the  benefit  of  the  poor  laws;  appoint o 
the  poor,  managers  and  other  persons  connected  with£! 
the  aforesaid  institutions,  and  regulate  pauperism  within  the  limit 
the  city. 

36.  The   council    |  n    and    punish  drunkard-.  Vagrant*,  Drat 

mendicants  and 

the  coming  into  in. 
the  city,  from  beyond  the  limits  of  the  state,  of  pi 
ostensible  means  of  support,  or  of  p  rj  may  he  . 

the  i  and  for  this  pt  require 

any  rail  r'  ad  COSnpeny  or  the  captain  or  master  of  any  vessel  1  it  • 
■efe  MMi  on,].  jo  ,  nter  into  bond,  with 

.11  no!  1"  ecu,,   (  hai  the 

city  for  01 

•  ■  th-  m  ba^k  from  when. 

at«J  the  city,  if  they  baVSJ  MM   been  in  t  m  thirty 

-  if  piven. 
II 


162 


TOWNS. 


liiainp-d  38.  The  council  may  ered  and  keep  in  order  all  public  buildings 
ii. . .  ssaiy  or  proper  l"<>r  said  city  :  may  provide,  in  or  near  the  city. 
lands  to  be  appropriated,  improved  and  k<  pi  in  order,  as  places  for 
the  interment  of  the  dead,  <t  as  places  for  city  grounds,  and  may 
charge  for  the  use  of  ground  In  aid  places  of  interment,  and  may 
regulate  the  same;  may  prevent  the  burial  of  the  dead  in  the  city, 
HurhJ  gronndi  except  in  the  public  burial  grounds :  may  regulate  burials  in  said 
grounds;  and  may  require  the  keeping  mid  return  of  bills  of  mor- 
tality by  the  keep<  rs  or  owners  of  ;ill  cemeteries,  it'  the  owners  live 
ur  their  office  i>  located  in  the  « ity  :  and  may  provide  suitable  i 

sines,  in  or  mar  said   city,  for  the  storage  of  gunpowder,  or  other 
combustible  and  dangerous  articles. 

city  pi  ■.    The  council  may  cause  in  lie  erected  within  Paid  city  a  city 

prison,  and  said  pris  »n  may  contain  such  apartments  as  shall  be  ne- 
lary   for   the   safe   kei  ping  and   employment  of  all  persons  con- 
lined  therein. 


Infection! 


llotpit.iW 


40.  The  council  shall  have  exclusive  authority  within  the  said  city 
and  the  port  thereof;  t->  secure  the  inhabitants  thereof  from  conta- 
gious, infections  or  other  dangerous  diseases ;  i"  ei  tablish,  erect  and 
regulate  hospitals  in  or  near  said  city:  to  provide  for  and  enforce  the 
removal  of  patients  to  said  hospitals,  and  for  the  appointment  and 
organization  of  a  hoard  of  health  for  said  city,  and  invest  it  with  tho 
authority  necessary  for  the  prompt  and  efficient  performance  of  its 
duties. 


•  1 1 1  by 

6rc 


■1!.  The  council  may  take  such  measures  as  shall  he  necessary  or 
proper  to  prevenl  accidents  by  (ire  within  the  said  city,  or  to  sceuro 
the  inhabitants  thereof,  and  their  property,  as  far  as  practicable, 
from  injury  thereby;  and  specially  to  establish,  organize,  equip  and 
govern  fire  companies  in  said  city,  and  to  appoint  a  lire  marshal  and 
tants,  "\s  i tli  any  or  all  of  the  powers  which  have  been  or  may  bo 
vested  by  law  in  such  officers;  and  to  purchase  (ire  engines  or  other 
apparatus,  and  to  keep  the  same  in  good  order. 


Wall  r  works 
iiiwl  got  work* 


42.  The  council  may  establish  or  enlarge  water  works  and  gas 
works  within  or  without  the  limits  of  the  said  city  ;  may  contract  and 
agree  with  the  owners  of  any  land  for  the  use  or  purchase  thereof; 
or  may  have  the  same  condemned  for  the  location,  extension  or  en- 
largement of  their  said  works,  the  pipes  connected  therewith,  or  any 
of  (lie  fixtures  or  appurtenances  thereof.  They  shall  have  power  to 
protect  from  injury,  by  adequate  penalties,  the  said  work;',  pipes, 
fixtures  and  land,  or  any  thing  connected  therewith,  within  or  with- 
out the  limits  of  said  city,  and  to  prevent  the  pollution  of  the  water 
in  the  river,  by  prohibiting  the  throwing  of  tilth  or  offensive  matter 
tin  rein  above  the  said  water  works,  within  one  mile  abovo  said  water 
works. 


TOWNS.  [68 

43.  The  council  may  provide  for  the  appointment,  organization,  city  watch 
compciisafioii   and  regulation   of  a  city  watch;    may  prescribe  the 

duties  and  define  the  powers  of  the  several  officers,  members  and 
classes  thereof,  in  such  manner  as  will  most  effectually  preserve  the 
good  order  and  peace  of  the  Baid  city,  and  secure  the  inhabitants 
thereof  from  personal  violence,  and  their  property  from  loss  or 
injury. 

44.  The  council  may  establish,  construct   and  keep  in  order,  and  Landings, 
may  alter  or  remove  landings,  wharves  and  docks  on  land  belonging  ,: 

to  the  city;  and  may  lay  and  celled  a  reasonable  duty  on  \< 
coming  to  and  using  the  same:  and  may  regulate  the  maimer  of 
Using  Other  wharves  and  landings  within  the  corporate  limits;  may 
prevent  or  remove  all  obstructions  in  and  upon  any  landings,  wharves 
or  docks.  They  may  also  appoint  port  wardens  for  the  port  of  said 
city  ;  prescribe  the  duties,  and  fix  their  fees  or  compensation. 

1").   The  council  may  establish  a  quarantine  ground  for  the  city ;  Quarantine 

hut  if  said  ground  shall  extend  helow  the  eastern  boundary  of  the 
city,  en  the  river,  the  assent  of  the  county  court  of  Henrico  shall  he 
first  obtained. 

46.    The  council  shall  prescribe  the  duties  of  the  surveyor  of  the  Dntiwof  rat 
city,  and   establish   and   regulate   his   compensation   Or  fees  of  ofi^Ce ;  prescribed* 
and   all   surveys  or  other  acts  which  shall  he  made  or  done  by  said 
surveyor,  shall  he  as  valid  and  effectual  as  if  the  same  were  dene  by 
a  surveyor  of  a  county. 

17.  The  council  may  open,  close  or  extend,  widen  or  narrow,  lay  OUl  Streets  and 
and  graduate,  pave  and  otherwise  improve  streets  and   public  all'}         ^ 
in  the  city,  and  have  them  properly  lighted  and  kept  in   trood  order: 
and  they  shall   have  over  any  street  or  alley  in  the  city,  which  has 
Ik  in  or  may  In-  ceded  to  the  city,  like  authority  as  over  oth< 
and    alleys.      They  may  build    bridges    in    and    culverts   under   said  Bridgei and 
:    and   may  prevent   or  remove   any  .'.ruetuiv.  obstruction 

encroachment  ov<  r  or  under  or  in  a  street  or  alley,  or  any  side  wall 
thereof,  and  may  have  Bhade  trees  planted  along  the  said 
and  no  company  shall  occupy  with  it--  works  the 
without  tli''  consent  of  the  council.      In  the  mean  time  : 

ad  no  injunction  shall  b<  I  by  any  court  or  judgi 

y  the  pre.  f  the  city  in  t'  tion  of  tin  ir  works. 

I   that  thi  y.  their  ofl  Dts  <>r  ser 

sending  the  authority  given  them  bj  'V    act,  and  that  the  in- 
terposition of  the  court  i  j  to  prevent  in  nnot  be 

tttthorize  the  laying  don 
.  and  the  running  thereon,  in  tin 

lationi  as  tie}  ribe. 


164 


[•owns. 


Priva-..  V-1.    The  OOOnoil   shall   ii"t   lake  or  use  any  private   properly  for 

or  other  public  purpose,  without  making  to  the  owner  or 
ownen  thereof  just  oompensetion  for  the  same.  Bet  in  all  oeeei 
when-  the  said  rity  oannot  by  agreement  obtain  title  to  the  ground 
necessary  for  such  purposes,  it  shall  be  lawful  for  the  said  city  to 
apply  to  and  obtain  from  tin  court  of  the  count]  of  Henrico,  or  the 
circuit  court  thereof,  if  the  subject  proposed  to  be  condemned  lies  in 
said  county,  or  to  the  court  of  busting!  held  by  the  judge  thereof,  or 
the  circuit  court  of  the  city,  if  the  subject  lies  within  the  city,  for 
authority  to  condemn  the  same;  which  shall  be  applied  for  and  pre- 
ded  w itii  as  pru\  ided  bj  law . 


school 


Athena 


50.  The  council  may.  from  their  own  body,  or  from  among  the 
citizens,  appoint  trusters  of  the  Biohmond  Lanoasterian  school,  and 
make  regulations  for  the  government  of  the  trustees  and  of  the 
school.  They  may  also  establish  other  schools,  and  regulate  the 
s]  stem  of  education  therein  :  and  may  provide  or  aid  in  the  support 
of  public  libraries,  to  which  citizens  may  resort;  and  may  establish 
;ui  athemeum  or  lyoeum  for  the  diffusion  of  knowledge  by  lectures  or 
otherwise. 


Prohibition  ua 
to  building 


51.  It  shall  be  lawful  for  the  council,  on  the  petition  of  the  owner 
or  owners  of  not  less  than  one-fourth  of  the  ground  included  in  any 
square  of  said  city,  to  prohibit  the  erection  in  such  square  of  any 
building,  or  of  any  addition  to  any  building,  more  than  ten  feel  high, 
artless  the  outer  walls  thereof  be  made  of  bridk  and  mortar,  or  stone 
and  mortar,  and  to  provide  for  the  removal  of  any  building  or  addi- 
tion which  shall  be  erected  contrary  to  such  prohibition,  al  the  ex- 
pense of  the  builder  or  builders,  owner  or  owners  thereof;  and  may 
provide  for  the  regular  and  safe  building  of  houses  in  the  city. 


• 


52.  The  council  may  require  and  compel  the  abatement  and  re- 
moval of  all  nuisances  within  said  oity,  at  the  expense  of  the  person 
or  persons  causing  the  same,  or  the  owner  or  owners  of  the  ground 
whereon  the  same  shall  be.    They  may  prevent  or  regulate  slaughter 

houses  and  soap  and  candle  factories  within  said  city,  or  the  exercise 

of  any  dangerous,  offensive  or  unhealthy  business,  trade  or  finploy- 
ment  therein:  and  may  regulate  the  transportation  of  coal  and  other 
articles  through  the  streets  of  the  city. 


tiUlK»!lUt 


.")."{.    ]f  any  ground   iii  the  said  city  shall   lie  subject  to  be  covered 

by  stagnant  water,  or  if  the  owner  or  owners,  occupier  or  occupiers 

thereof  shall  permit  any  offensive  or  unwholesome  substance  to  re- 
main or  accumulate  thereon,  the  council  may  cause  such  ground  to 
be  filled  up,  raised  or  drained,  or  may  cause  such  substances  to  be 
covered,  or  to  be  removed  therefrom,  and  may  collect  the  expense  of 
so  doing  from  the  said  owner  or  owners,  occupier  or  occupiers,  or 
any  of  them,  by  distress  and  sale,  in  the  same  manner  in  which  taxes 


TOWNS.  165 

levied  upon  real  estate  for  tin ■  benefit  of  said  city,  arc  authorized  to 
be  collected  :  provided,  that  reasonable  notice  shall  be  first  given  to 
the  said  owners  or  their  agents.  In  oase  of  non-resident  owners, 
who  have  no  agent  in  said  city,  such  notice  may  be  given  by  a  publi- 
cation tor  not  less  than  four  weeks  in  any  newspaper  printed  in  said 
city. 

54.  The  council  may  prevent  hogs,  dogs  and  other  animals  from  Hog*  doga,  &.c 
running  at  large  in  said  city,  and  may  subject  the  same  to  such  regu- 

lations  and  taxes  as   they  may  deem   proper.      And   the  council  may 

prohibit  slaves,  free  negroes  or  mulattoes  from  keeping  dogs,  and 
may  prohibit  the  raising  or  keeping  of  hogs  within  said  city. 

55.  The  council   shall   have  the  power  to  prevent  the  practice  of  Kites,  guns, 
flying  kites,  of  firing    Lriiu-.   crackers,   or  any    combination   of   gnn- other'comblna 
powder  or  other  combustible  and  dangerous  materials  iii  the  city,  or|j£|^r*2|j 
the  engaging  in  any  employment  or  sport  in  the  streets  or  public 

alleys  thereof,  dangerous  or  annoying  to  passengers;  to  prevent  the  Honeiand 
riding  or  driving  of  horses  or  other  animals,  or  the  running  of  steam 
or  horse  engines  or  oars  at  an   improper  speed  within   the   limits  of 
said  city,  and  wholly  to  exclude   the   said   engines  or  cars,   if  they 
:  provided  no  contract  be  thereby  violated. 

56.  The  council  may  require  spirituous  liquors,  wine,  oil,  molasses,  what  may  b* 

vinegar  and  spirits  of  turpentine,  in  casks,  to  be  gauged  and  in-  [.'X'r'i'!ind ;> ' 
ipected;  and  may  make  such  provision  for  the  weighing  of  hav.  r!':  ""' 
fodder,  oats,  shucks  or  other  long   forage,  as  will   not   be  in   conflict 
With  the  act    passed   the  twenty-second  of  March  eighteen   hundred 

and  forty-seven,  to  prevent  the  authorities  of  said  city  from  laying 

and  collecting  a  tax  upon  the  bales  of  hay  sent  by  the  farmers  of 

■  I  city.    They  may  also  provide  for  measuring  corn, 

pain,  coal,  stone,  wood,  lumber,  hoards,  potatoes  and  other 

artieh  i  for  sale  or  barb  r. 

:,' .   The  council  may  ad-.pt  measures  to  suppress  riots,  gaming  Gaming bouei 
and  tippling  houses,  and  houses  of  ill  fame-,  and  apoD  persons  who  "if.,1,. 
unlawfully  sell,  by  r<  tail,  wine,  1"  er,  ale,  porter,  ardent  spirits,  or  a 

mixture  thereof,  may  imp  D  addition  to  tV  ribed  by 

the  laws  of  the  state.    They  may  also  adept  measures  to  pn 
lewd,  indecent  ami  disorderly  conduct  or  exhibitions  in  the  city,  and 

■1  therefrom  persons  guilty  ol  (fact,  who  shall  not  1 

!  therein  as  much  as  one  \ .  ar. 

incfl   may   require  ov 
dty  tO  provide   them  With   hoard    and    li  rl    may  im: 

mployers  for  failing  to  make  loch  pro- 
n,  or  for  permitting  their  work  for  tl  or  hire 

■   what  in  an- 


TOW  HS. 

lawful  aaacmblj  of  negroes,  and  may  empower  their  officers  of  police 
in  enter  the  place  of  sw  h  assembly  and  seize  Buch  negroes;  and  may 
presoribe  the  pnniahment  of  such  negroes,  and  the  fine  to  be  imposed 
an  a  person  permitting  snob  unlawful  assembly  on  hi*  Lot  or  tenement. 


.Hilary 
companies 


59.  The  council  may  grant  aid  to  military  companies  and  regiments 
inized  within  the  city  :  to  Bocieties  or  associations  for  the  advance- 
ment of  agriculture  and  the  mechanio  arts ;  to  scientific  literary  and 
benevolent  societies:  provided  such  societies  or  associations  arc 
located  in  or  mar  the  city,  or  in  the  case  of  agricultural  societies, 
shall  hold  their  lairs  in  or  mar  the  city. 


•  in.  The  council  may  grant  or  refuse  licenses  to  auctioneers,  and 
require  taxes  to  be  paid  on  their  Licenses,  in  addition  to  any  tai  paid 
by  them  to  the  state;  and  in;  \  regulate  sales  at  auction  within  the 
city,  and  require  a  per  centum  to  be  paid  on  such  Bales  (except  Bales 
in  the  city  under  the  judgment  or  decree  of  a  court  or  magistrate  <>f 
this  state),  and  may  require  hond  with  security  for  the  payment  of 
such  per  centum. 


perfon 


CI.  The  council  may  granl  or  refuse  licenses  for  theatrical  per- 
formances in  a  public  theatre,  or  for  any  public  show,  exhibition  or 
performance  elsewhere,  and  may  require  taxes  to  be  paid  on  such 
licenses,  and   make   regulations   as   to   any   such    Bhow,  exhibition  or 

performance. 


I 


62.  The  council  may  grantor  refuse  licenses  to  owners  or  keepers 
of  wagons,  drays,  carts,  hacks  and  other  wheeled  carriages  kept  or 
emploj  eil  in  the  city  for  hire ;  and  may  require  the  owners  or  keepers 
of  wagons,  drays  and  carts,  using  them  in  the  city,  to  take  nut  a 
license  therefor;  and  may  require  taxes  to  be  paid  thereon,  and  sub- 
ject the  same  to  such  regulations  as  they  may  deem  proper. 


63.  The  council  may  grant  or  refuse  licenses  to  hawkers  and  ped- 
dlers in  the  city,  or  persons  to  sell  goods  by  sample  therein,  under 
such  regulations  as  they  may  deem  proper,  and  may  require  taxes  to 
be  paid  on  such  licenses. 

C4.  The  council  may  provide  that  DO  agent  or  suh-agcnt  of  any 
insurance  company   or  office,  whose  principal  office  is  located  out  of 

this  city,  shall  establish  or  keep  any  office, ox  transact  the  business  of 
his  agency  within  this  city,  without  obtaining  a  license  therefor,  and 
may  require  payment  of  a  tax  on  such  license,  and  a  per  centum  on 

the  premiums  received  by  such  agent  or  suh-agcnt,  and  hond  with 
security  for  the  payment  of  such  per  centum. 

Biiiiuni  tablet,        <!."'.    The  council  may  grant  or  refuse  a  license  for  keeping  billiard 
ton  pm  .  eys,     kblea,  ten  pin  alleys  and  pistol  galleries,  and  may  impose  a  tax  on 


TOWNS.  1 67 

said  license:  or  the  council  may  prohibit  or  regulate,  the  keeping 
thereof  in  the  oily,  under  such  penalties  M  the  council  is  authorized 
to  impose. 

66.   On  the  petition  of  one-fourth  of  the  freeholders  of  the  oily,  Howanb«crip 

1  ill       tioni  In  works 

the  council  may  by  resolution  aired  a  poll  to  take  the  sense  of  the  of  internal  im 
feeholders  of  the  city  on  the  question  whether  the  council,  on  behalf  {,y  city 
of  the  city,  shall  subscribe  to  the  stock  of  a  company  incorporated 

for  a  work  of  internal  improvement  in  this  state  (which,  or  any  part 
of  which  is  to  be  constructed  in  or  near  the  city,  or  which  connects 
with  a  road  leading  to  the  city),  an  amount  not  exceeding  a  certain 
maximum,  to  be  stated  in  the  resolution.  The  resolution  shall  de- 
signate a  certain  time  fot  the  poll  not  less  than  one  month  from  its 
date,  and  shall  he  published  for  one  month  in  at  least  two  newspapers 
of  the  city.  At  the  time  designated,  commissioners  appointed  by 
the  council  shall,  after  taking  an  oath  fairly  to  take  and  return  the 
poll,  proceed  in  the  city  in  like  manner  as  commissioners  acting  un- 
der the  forty  seventh  section  of  chapter  sixty-one  of  the  Second  edi- 
tion of  the  Code,  proceed  in  a  county,  except  that  the  polls,  instead 
of  being  of  freeholders  of  the  county,  and  at  the  courthouse  of  the 
county,  and  at  other  places,  shall  he  of  freeholders  of  the  city,  and 
at  the  courthouse  of  the  city,  and  other  places  at  which  elections 
are  held  in  the  wards;  ami  instead  of  being  returned  to  tlie  clerk  of 
the  county  court,  shall  he  returned  to  the  clerk  of  the  council.  If 
by  the  poll  hooks  it  appears  that  a  majority  of  the  freeholders  of  the 
city  voting  upon  the  question  are  in  favor  of  the  subscription,  the 
council  may  subscribe,  on  In  half  of  the  city,  for  stock  in  said  com- 
pany to  an  amount  not  exceeding  the  maximum  mentioned  in  said 
resolution. 

07.    The  council  may  subject   any  person  or  persons  who,  without  Penalty  on 
having  obtained  license  therefor  from  the  council,  shall  do  any  act,  Jj 
or  follow  any  employment  or  business  in  said  city,  for  which  the 

il   are  or  shall   he  authorized    to   -rant    licenses,  to  any  tine  or 

punishment  which  they  are  authorized  to  impose  or  inflict  for  the  i  n 
forcement  of  their  ordinal 

tion  of  its  powers  or  dutieai  the  council  may  tax  On  wbat  i 
in  the  city;  slavea  owned,  hired  or  permanently  employed 
ba  the  eity,  though  lodged  out  i  ty  limits;  all  •  >nal 

property  therein:  provided,  that  this  clause  shall  not  apply  to  the 

slave-  .,f  y<  reoni  n  - i <  1  i 1 1 lt  out  of  the  city  limits,  who  take  tin 
at  night  to  th<  ir  own  homes,  and  employed  by  them  in  their  own 
:l  fh  e  pel  ■  :  all  corporations 

:    circulation  and  internal  impi. 

men!  oompanii  own*  i  bj  or  credits  due  to  an] 

living  in  the  city;  all  capital  of  persons  having  ■  plaoeof  bn-incss 

in  til  rein,  and   •  I   m   said   bl 


168 


rowNS. 


-.  though  the  said  business  may  extend  beyond  the  city:  providedi 
tliat  bo  mnob  of  .— ; t i » 1  capital  h  is  invested  in  real  estate  and  si 
or  i>  employed  in  the  production  or  manufacture  of  artiolea  outside 
Bxanpttoa        of  the  city  limits.  shall  nol  be  t-  ital;  but  no  capital  taxed 

by  the  said  council  under  the  proyiaioni  of  this  olause,  shall  be  rab- 
•  tn  county  <>r  corporation  taxes  elsewhere  under  the  laws  of  the 
commonwealth;  all  stocks  in  incorporated  joint  Btock  companies 
owned  by  persons  living  in  the  city,  nol  exempt  by  lav.  from  taxa- 
tion: incomes,  interest  on  money,  dividends  of  hanks  or  othi  r 
potations  owned  by  persons  living  in  the  city:  provided,  thai  no 
capital,  interest,  incomes  or  dividends  shall  be  taxed,  when  a  lit 
or  other  tax  is  imposed  upon  the  business  in  which  the  capita]  in 
employ*  '1.  or  upon  tin-  principal  money,  credits  or  stock  from  which 
the  interest,  income  or  dividends  is  derived  :  nor  shall  a  tax  he  im- 
posed at  the  .-.inie  time  npOU  a  corporation,  and  upon  the  stock  OX 
dividends  thereon  of  said  corporation. 


. 


1 1.  aleri  in 


The  council  may  tax  every  person  who  keeps  in  the  city  an 
ordinary  or  house  of  entertainment,  or  boarding  house,  puhlic  or 
private;  a  public  eating  bouse,  coffee  house,  lager  beer  saloon  or 
cook  shop:  a  private  negro  jail,  wherein  slaves  are  confined  and 
boarded;  every  person  who  is  an  agent   to  hire  or  Bell  slaves  fox 

profit,  or  to  rent  out  houses,  or  to  sell  cattle,  sheep  or  hogs;  every 
person  who   is  a   dealer  in  horses  or  mules,  or   who   keeps  a  li\erv 

stable;  every  broker,  lawyer,  physician  or  dentist;  every  person 
who  keeps  a  daguerreian  gallery;  every  person  who  sells  or  barters 

any    patent,    specific    or   quack    medicine:    all    sellers   of    spirituous 

liquors,  beer  or  ale-,  all  shop  keepers,  merchants,  traders  and  manu- 
facturers;  and  the  other  persons  upon  whom   the  state  may  at   the 

time  have  imposed  a  license  tax.  And  as  to  all  persons  or  employ- 
ments embraced  in  this  BOOtion,  the  council  may  lay  the  tax  directly. 
or  may  require  them  to  take  out  a  license,  under  such  regulations  as 
may  be  prescribed  by  ordinance,  and  impose  a  tax  thereon.     Hut  the 

taxes  herein  authorized  shall  he  suhject  to  the  provisoes  stated  in  the 

next  preceding  section. 


Who  may 


7I».  The  council  may  vest  in  the  collector  of  the  city  taxes,  and 
of  assessments  for  the  use  of  Water  and  gas,  an\  OX  all  of  the  powers 
which  are  now   or  may   he  hereafter  vested   in  a  sherill'  as  collector 

of  tin'  state  taxes;  may  prescribe  the  mode  of  his  proceeding,  and 
the   mode  of  proceeding  against    him  for  the  failure   to   perform  his 

duties :  and  maj   authorize  him  to  appoint  assistants,  under  such 
regulations  as  they  may  prescribe. 


•  trait,       71.   Xo  deed  of  trust  or  mortgage  upon  goods  or  chattels  shall 

vent  iale  for        prevent  the  same   from   being  distrained   and  sold   for  taxes  assessed 
Slnst  the  grantor  in   such  deed,  while  such   goods  and  chattels  re- 
main in   the  grantor's   possession,   nor  -hall  any   such  deed  prevent 


TOWNS.  169 

the  goods  and  chattels  conveyed  from  heing  distrained  and  sold  for 
taxes  assessed  thereon,  no  matter  in  -whose  possession  they  may  be 
found. 

72.    A  tenant  from  whom  payment  shall  be  obtained  by  distress  or  T^m  obtained 
otherwise!  of  taxes  due  from  a  person  under  whom  he  holds,  shall  how  asto  ' 

have  credit  for  the  same  against  such  person  out  of  the  rent-  lie  may 

owe  him;  except  where  the  tenant  is  hound  to  pay  each  tai  by  an 

express  contract  with  SUoh  person. 


?.'{.   Where  a  tax  is  paid  by  a  fiduciary  on  the  interest  or  profits  Tax  paid  by 

of  moneys  of  an  estate  laid  out  or  invested  either  under  an  Order  of 

court  or  otherwise,  the  tax  shall  be  refunded  out  of  such  estate. 


7  1.    Then'  shall  be  a  lien  on  real  estate  for  the  city  taxes  assessed  m  a  tot 
thereon,  from  the  commencement  of  the  year  for  which  they  are 

d.    The  council  may  require  real  estate  in  the  city,  delinquent 
for  the  non-payment  of  taxes.  to  be  sold  for  said  taxes,  with  interest 

thereon,  and   such  per  centum  as  they  may  prescribe  for  char] 
and  they  may  regulate  the  terms  on  which  real  estate  BO  delinquent 
may  be  redeemed. 

?.").    The  council  may.  in  the  name  and  for  the  use  of  the  city.  Loan*,  how 
contract  leans,  or  cause  to  he  issued  certificates  of  debt    or  honds  ;  rontracted 
but  Bach  loans,  certificates  or  honds  shall  not  be  irredeemable  for  a 

period  greater  than  thirty-four  years. 

78.  There  shall  be  set  apart  annually,  from  the  accruing  revenue!  sinking  fund 
of  the  city,  a  sum  equal  to  seven  per  cent,  of  the  city  debt  existing 
at  the  commencement  of  this  act.  The  fund  tints  set  apart  shall  be 
called  the  "  Sinking  fund,"  and  shall  be  applied  to  the  payment  of 
the  inter*  at  of  the  city  debt,  and  the  principal  of  snch  part  as  may 
he  redeemable.  If  no  part  be  redeemable,  then  the  residue  (.f  the 
■inking  fund,  after  the  payment  of  such  interest,  shall  be  inv« 
In  the  bonds  or  certificates  of  debt  of  the  city,  ox  >>(  this  state,  or  of 
the  1'n"1  or  "f  tome  of  the  states  of  this  Union,  .ami  ap- 

pli<  '1  to  the  payment  of  the  city  debt  is  it  shall  become  redeemable. 

Whenever,  after  the  commencement  of  this  act.  tier.'  sha  I 
itracted  by  the  city  any  debt  not  payable  within  the  next  twelve  "'n  Ing  nn 
montl  set  apart  in  like  manner  annually,  for  thirty- 

four  years,  or  until  the  debt  is  paid,  a  sum  one  per 

amount  of  the  annual  int  to  he  paid 

then  on  ■  >'<  th<  ball  1"'  part  of  the 

linking  fund,  and  shall  he  applied  in  the  mat 

■  il  shall  m.t  appropriat  the  sinking siakiacf 

fund.    ■  timi.  ,1    m    tie     • 


170 


TOWNS. 


Moneys,  how 
held  h! 

- 1  ■.- 


7f».  All  money?  received  or  collected  for  the  use  of  the  city,  shall 
lie  ]i:iid  ovi  r.  held  and  dishur.-ed.  M  tin-  council  may  order  or  prc- 
Bcribe. 


f  hust- 
ings, how  held 


Torn: 
court  • 
hold  bj 
judpn 

Clvii 
Hon 


1  juris- 
diction 


80.   The  court  of  hustings  for  the  city  of  Richmond  shall  be  held 

by  the  mayor,  recorder  and  aldermen  of  the  Mid  city,  or  any  four  of 
ihem.  e\<  e|,t  where  otherwise  proi  ided,  and  also  a  judge,  to  be  called 
the  "judge  of  the  court  of  hustings."  A  term  of  said  court,  not  ex- 
oei  ding  six  days,  shall  be  lold  by  the  mayor,  recorder  and  aldermen 
in  every  month,  at  Boob  time.-  and  places  as  the  oounoi]  shall  pre- 
Boribe;  at  winch  shall  be  exercised  all  the  jurisdiction,  powers  ami 
duties  of  the  eniiri  of  hustings,  except  Buch  as  are  expressly  \' 
and  delegated  to  the  said  court  when  held  by  the  judge  afon 

BI.  A  term  <f  the  said  court,  not  exceeding  twenty  days,  shall 
also  be  held  by  the  said  judge  in  every  month,  except  the  month  of 

August,  at   such   time  and   place   as  the  council  of  tin-  said  city  shall 

prescribe;  at  which  term  the  said  court  shall  exercise  exclusively  the 

jurisdiction  now  vested  in  it  over  all  attachments,  appeals  in  civil 
cases,  civil  action-,  motions  and  BUits  at  law  and  in  chancery,  all 
matters  concerning  the  probate  of  wills,  the  appointment,  qualifica- 
tion and  removal  of  fiduciaries,  and  the  settlement  of  their  accounts : 

and  the  court  so  hold,  or  the  judge  thereof,  may  appoint  commis- 
sioners in  chancery,  commissioners  to  take  depositions,  receivers,  and 
any  other  officers  or  agents,  for  the  conducting  of  it<  business,  which 
a  circuit  court  or  judge  may  appoint  in  similar  cases,  and  whose  ap- 
pointment is  not  otherwise  provided  for  by  this  act  or  ordinances  of 
the  city:  and  the  said  court,  when  held  by  the  judge  thereof.  ma\ 
exercise  the  power  which  a  circuit  court  may  exercise  under  section 
thirty-five,  chapter  one  hundred  and  eighty-four,  and  sections  one. 
two  and  three  id"  chapter  two  hundred  and  ten  of  the  Code  of  eigh- 
ty .  ii   hundred  and  forty-nine. 

82.  The  said  court,  at  the  term  held  by  the  judge,  shall  have 
Original  jurisdiction  of  all  felonies  committed  within  the  territorial 
limits  of  its  jurisdiction,  except  of  felonies  committed  by  slaves  and 

by  free  negroes,  where  the  penalty  is  not  death.  And  if  a  prisoner, 
put  on  his,  trial  for  a  felony,  shall  he  found  by  the  jury  guilty  of  only 
a  misdemeanor,  the  said  court  held  by  the  judge  shall  have  jurisdic- 
tion «il'  the  case:  and  it  shall  have  appellate  jurisdiction  in  cases  in 
which  the  constitutionality  or  validity  of  an  ordinance  of  the  city 
shall  hi-  involved. 


yuarteriy  urrng  83.  The  business  of  the  said  court,  as  heretofore  vested  in  it.  whe- 
ther held  by  the  mayor,  recorder  and  aldermen,  or  by  the  judge, 
shall  he  distributed  bylaw:  but  the  judge  may  designate  which  of 
his  terms  shall  be  quarterly  terms. 


Grand  jurus  84.    A  grand  jury  shall  be  Bununoncd,  as  now  prescribed  by  law, 


TOWNS.  171 

to  attend  the  terms  of  the  said  court  held  by  the  mayor,  recorder  and 
aldermen  in  February.  May,  August  and  November;  and  a  grand 
jury  shall  be  Btunmoned  in  like  manner,  to  attend  the  terms  held  bj 
the  judge  immediately  succeeding  his  quarterly  terms;  which  grand 
jury  shall  be  charged  by  the  judge.  All  provisions  of  law  concern- 
ing grand  and  petal  juries,  the  taxation  of  costs  and  clerks'  feet,  ap- 
plicable to  circuit  courts,  shall  apply  to  the  said  court,  when  held  by 
the  judge  thereof. 

B5.    All  oriminala  examined  by  the  said  court  held  by  tin-  mayor,  Peraonic* 
recorder  and  aldermen,   if  remanded   fur  Iiial,   shall   be  sent  to  the  crime,  to b< 
said  court,  at  its  terms  held  by  the  judge,  and  all  depositions  and  ,r:,db-v  ■>"  g9 
reoognizanoi  e  Bhall  be  thereunto  returned. 

The  said  court  held  by  the  judge,  and  the  said  judge  respec-  Jurisdiction  of 
lively,    shall    have  the  same   power  M   a   circuit   court,   or  a  circuit  by  the  judge o* 

judge,  in  suits  for  partition  or  fur  sale  of  lands  of  persons  under  dis-  *" 
ability,  and  to  award  and  try  writs  of  injunction,  habeas  corpus, 
mandamus  and  prohibition,  and  shall  exercise  the  same  jurisdiction 
and  powers  as  a  circuit  court  or  circuit  judge  in  such  cases,  and  as 
to  all  Bubjects  incident  to  the  matters  or  cases  of  which  the  court  or 
the  judge  has  jurisdiction  :  and  orders  awarding  injunctions  may  be 

ted  to  the  clerk  of  the  court,  and  injunction  bonds  taken  by  him, 
in  all  BUch  cases  over  which  the  said  court  has  jurisdiction.  Ap- 
peals, writs  <>(  error  and  writs  of  supersedeas  from  and  to  judgments, 
decree  e  and  orders  <>f  the  said  court  held  by  the  judge,  shall  be  taken 
and  allowed  as  if  they  were  from  or  to  those  of  a  circuit  court  or  a 
circuit  judge.  But  if  they  be  from  or  to  the  judgments,  decrees  and  ,\n  i  ah  (ran 
orders  of  the  said  court,  when  held  by  the  mayor,  recorder  and  alder- 
men, they  shall  be  taken   to  the  circuit  court  of  the  city  aforesaid. 

r<t(ifore. 

lonwealth's  attorney    for    the  circuit    court   of   the  CommonwMUki 
city  of  Richmond  shall   prosecute  in  u'  I  felony  in  the  said 

court  of  hustings  held  by  the  judge  thereof.    Dozing  the  absence  <>f  w;  .■ 
the  said  judge,  or  hi-   inability   from  any   cause  to  buhl  terms  ol   hit 
court,  the  same  may  be  held  by  any  circuit  judge,  whose  COmpensa-  '^"*l  of  hn',," 
hall  be  fixed  and  paid  by  tin'  council  of  the  said  city.      And  the 
-  "'lit.  when  held  by  the  the  said  judge,  may  u  ; 

irt  for  the  Fame  causes,  and   in   tie    Mine 
manner  a-  are  prescribed  by  law  for  the  removal  I  (ran  one 

circuit  ennrt  to  another. 

DOnwealth'l  attorney  fur  the  circuH  court  of  the  city  i, 
iiuioml  shall  perform  the  dutii  ted  with  any  matter  or  'v 

proceeding  in  the  said  hustings  court,  held  by  the  judge  thereof, 

Whh  i  BUMBWI  altli   in   <  i: 

couit  u  there  for,  as 


. 


is  done  in  a  circuit  court.    The  reooidi  and  proceedings  of  the  said 
cuurt.  held  by  the  judge  thereof,  shall  be  kepi  as  the  records  and  pro- 
of the  clerk      needing*  of  a  circuit  oourl  is  required  to  be  kept:  and  the  duties, 
liabilities,  oompensation  of  and  modes  of  proceeding  againel   the 

clerk  and  other  offioen  and  agents  of  said  cuurt.  held  by  th<'  jndge 
thereof,  and  the  attorney's  fees  taxed,  Bhall  be  the  same  aa  in  like 
oases  in  the  circuit  court. 


Jurisdiction  of 

1 1 1  of 
hiiBtingg 


-■'.  'The  Baid  court  of  hustings  shall  continue  to  have  civil  and 
criminal  jurisdiction,  and  the  mayor,  recorder  and  aldermen  and 
jndge  .-hall  each  have  the  powers  of  a  justice  of  the  peace,  exoepl  u 
in  this  act  limited,  nut  only  within  the  corporate  limits  of  the  said 
city,  hut  also  for  the  space  of  one  mile  mi  the  mirth  side  of  danies 
river,  without  ami  around  said  city,  and  every  pari  thereof,  including 
BO  much  of  said  river  to  low  water  mark  on  the  shore  of  the  county 
of  Chesterfield,  as  shall   he  between  two  lines  drawn  due  south  from 

the  eastern  and  western  termination  of  the  one  mile  aforesaid,  for 
matter  arising  within  the  same,  according  to  the  laws  of  the  com- 
monwealth. 


IVtliilti.  -.  hOW 
Irapoisi-il  t.y 
couucil 


90.  The  council  may  impose  penalties  for  the  violation  of  this  act 
and  any  of  the  ordinances  id'  the  city,  not  exceeding  three  hundred 
dollars  for  one  offence.  If  the  penalty  hi'  above  fifty  dollars,  it  shall 
he  prosecuted  in  the  court  of  hustings  of  the  city,  at  the  terms  held 
by  the  mayor,  recorder  and  aldermen  :  hut  any  claim  to  a  fine  or 
penalty  under  this  act,  or  under  any  ordinance  or  by-law  of  the  city, 
if  it  he  limited  to  an  amount  not  exceeding  fifty  dollars,  and  any 
other  claim  against  the  city,  or  a  person  therein,  if  it  does  not  exceed 
fifty  dollars  (exclusive  of  interest),  shall  be  cognizable  in  the  mayor's 
court:  and  his  judgment  shall  he  final  on  all  civil  cases  w  here  the 
matter  in  controversy,  exclusive  of  costs,  is  not  more  than  twenty 
dollars. 


Mayor's  court.  91.  The  mayor,  or  when  he  is  ahsent  from  the  city,  or  so  sick  as  to 
he  iinahle  to  attend  to  his  duties,  or  his  office  is  vacant,  the  recorder, 
or  if  he  be  ahsent  from  the  city,  or  so  sick  as  to  be  unable  to  attend 
to  his  duties,  or  his  office  is  vacant,  the  senior  alderman,  shall  hold  a 
court,  which  shall  he  called  "the  mayor's  court.''  every  day,  except 
Sunday,  in  such  place  as  the  council  may  designate,  and  take  cogni- 
zance of  such  cases  as  may  he  broughl  before  him  under  the  laws  of 
the  state  and  all  cases  arising  under  the  ordinances  or  by-laws  of 
the  city,  and  where  tlu  jurisdiction  is  not  taken  away  hy  the  next 
preceding  section  id'  this  act.  And  the  recorder  and  alderman  of 
the  city,  only  the  one  who  is  authorized  for  the  time  being  hy  this 
section  to  hold  said  court,  shall  have  authority  to  discharge  from  cus- 
tody a  person  who  has  been  committed  to  the  jail  for  felony. 

Mayor's  office  9'2.    The    mayor  shall  keep  an  office  in  some  convenient    part  of 

the  city.     In  addition  to  his  powers  as  a  justice  of  the  peace,  his 


TOWNS.  17:J 

jurisdiction  shall  extend  to  all  breaches  of  the  peace  committed 
within  the  jurifldiotionaJ  limits  of  the  hustings  court  ;  and  to  all  in- 
fractions of  the  city  Ordinances,  shall  he  final,  ezcepl  in  cases  in 
which  the  constitutionality  or  validity  of  such  ordinance  is  involved. 

!'.'!.  The  mayor  shall  he  the  head  of  the  police  of  the  city,  and  Mayor,  li 
shall  have  ;i  general  superintendence  and  control  of  said  police,  and1'"' 
o\<  r  the  officers  of  the  city  other  than  the  judge,  recorder  and  alder- 
men, and  of  the  police  and  the  night  vvatch.  pursuant  to  the  ordi- 
nances of  the  city.  When  he  is  absent  from  the  city,  or  is  so  sick 
as  to  he  unable  to  attend  to  his  duties,  or  his  office  is  vacant,  the  re- 
oorder,  or  if  he  he  absent  from  the  city,  or  is  bo  sick  as  to  he  unahlc 
to  attend  to  his  duties,  or  his  office  is  vacant,  the  senior  alderman 
shall  exercise  all  the  powers  of  the  mayor. 

94.  'i'he  police  officers  of  the  city,  or  such  of  them  as  the  council  Powen 
may  designate  for  the  purpose,  shall,  in  criminal  cases,   have  thep 
same  powers,  duties  and  fees,  and  l)c  suhject  to  the  same  penalties 

thai  are  prescribed  by  law  as  to  constables ;  and  in  proceedings  for 
violations  of  this  act,  or  of  any  ordinance  or  by-law  of  the  city,  said 
officers  shall  act  to  such  extent  and  in  such  manner  as  the  council 
may  direct. 

95.  No  person  shall  he  capable  of  holding  at  the  same  time  more Limitati 
than  one  of  the  offices  mentioned  in  the  fifth  and  seventh  sections  of boldl,,; 
this  act. 

96.  In  all  respects,  except  as  to  the  collection  of  taxes,  the  ser- of  the  fergwrn 

geant  of  the  city  shall  have  the  powers  and  authority  of.  and  shall 
perform  the  duties  and  receive  the  same  fees,  and  he  subject  to  tin- 
same  liabilities  and  penalties,  and  be  proceeded  against  in  the  same 

Way  as    sheriffs.      The   high  Constable  of  the   city   shall   in  civil  case  nigh  constable 

the  same  powers,  duties  mid  fe<  s,  and  he  subject  to  the  same 
penalties  as  are  prescribed  by  law  as  toother  constables;  and  no 
table  of  the  county  of  Henrico  shall  within  the  corporate  limits 
execute  a  variant  issued  by  a  justice  of  the  peace  in  a  civil  case,  or 
ned  on  a  judgment  obtained  on  such  warrant.  The 
said  high  constable  may.  with  the  consent  of  the  court  of  hustings 
held  by  the  mayor,  recorder  and  aldermen,  appoint  one  or  iiior<-  d<  - 

,  of  whom  the  court  shall  enter  of  record  that  the  person  so 
appointed  i^  a  man  of  honesty  and  good  demeanor.  Any  such  de- 
puty may  be  removed   from   office  fay   his   principal   or  by   the  said 

court.  I'urinp  his  continuance  in  office  In'  may  discharge  any  of  the 
official  duties  of  hii  principal. 

!•?.    ]  BStned  in  relation  i«.  tin   pOWl  n  OOPfem  d  )!<tt  art 

upon  the  ( ity.  as  a  r<  nedial  Statute  in  faTOf  of  th'    I 

98.    The   print'  f   the  city.   puhli-h<  d  )  -.Mf-nr* 


174 


rowNS. 


under  its  authority.  and  transcripts  from  such  ordinances,  or  from  tlic 
journal  of  tlu-  council,  certified  by  the  clerk  thereof,  shall  ho  received 
as  evidence  for  any  purpose  for  which  the  original  ordinances  or 
journal  could  be  received,  and  with  as  much  effect. 


chap  99. — An  ACT  amending  the  Charter  of  the  Town  of  Charleston  in  tho 

I   ounty  "f   Kanau  lia. 
I  Karob  81,  188L 

Be  il  enacted  by  the  general  assembly  of  Virginia,  thai  the  charter 
of  the  town  of  Charleston  in  the  county  of  Kanawha  be  amended 
and  re-enacted  bo  as  to  read  as  follows: 


Corporal* 

lire  iti 


I.    The   corporate   limits  and   hounds  of  the   town   of  Charleston 
shall  be  as  follows:  Beginning  at  the  mouth  of  the  branch  emptying 

into  the  Kanawha  river  just  ahove  the  mouth  of  Kile  river;  thence 
up  the  Kanawha  river  at  low  water  mark,  to  a  stake  on  the  edge  of 
-aid  river,  opposite  the  line  between  Wil80n*8  graveyard  and  James 
B.  Noyos" ;  thence  down  the  bottom  in  a  line  parallel  to  Front  street, 
to  Kast  avenue;  thence  out  East  avenue  so  as  to  include  the  Bame, 
to  a  stake  four  hundred  feet  beyond  the  intersection  of  Orchard  street 
with  East  avenue;  thence  with  a  line  parallel  to  Orchard  and  Third 
streets,  down  the  bottom,  to  a  stake  on  the  upper  side  of  the  lane  in 
which  James  A.  Caldwell  now  resides;  thence  out  said  lane  by  the 
Street  leading  to  Elk  river ;  thence  with  said  street  so  as  to  include 
the   same,  to   the   branch    ahove    mentioned,   and    thence    down    said 

branch  and  binding  thereon,  to  the  place  of  beginning. 


Municipal 
suthorities 


2.  The  municipal  authorities  of  said  town  ,-hall  he  a  mayor,  re- 
corder and  five  oounoilmen,  who  together  shall  form  a  common 
council. 


Town  incor- 
porate] 


3.  The  mayor,  recorder  and  counoilmen,  so  soon  as  they  have  been 
elected  and  qualified  as  herein  after  provided,  shall  he  a  hotly  politic 
and  corporate,  by  the  name  of  The  Town  of  Charleston;  and  shall 
have  perpetual  succession  and  a  common  seal  ;  and  by  that  name, 
may  sue  and  he  sued,  implead  and  he  impleaded:  may  purchase  and 
hold  real  estate  necessary  to  enable  them  the  bettor  to  discharge  their 
duties,  and  needful  for  the  good  order,  government  and  welfare  of 
'■aid  town. 


Corporato  4.   All  the  corporate  powers  of  said  corporation  shall  be  exercised 

vested  '  by  the  said  council,  or  under  their  authority,  except  where  otherwise 

provided. 

Town  «rr-  5.    There  shall  be  a  town  sergeant,  a  treasurer,  a  commissioner  of 

the  revenue  and  an  overseer  of  the  poor  of  said  town. 


TOWNS.  1 75 

6.  The  mayor,  recorder  and  councilmon  shall  ho  elected  hy  the,  By  whom 
citizens  of  the  said  town  who  may  be  entitled  nnder  this  act  to  vote.  ° 

7.  Their  term  of  office  shall  ho  (except  when  elected  to  (ill  varan-  Terra  of  offio« 
cies)  for  one  year  and  until  their  successors  shall  have  been  elected 

and  qualified  as  herein  after  provided. 

8.  The  mayor,  recorder  and  councilmon  must  be  freeholders  in  Qualification  of 
said  town,  and  entitled  to  vote  For  meinhers  of  its  common  council.  '"'1}"r'    c 

9.  The  first  election  under  this  act  shall  he  hold  on  the  first,  Satur-  When  election 
day   in   May   eighteen   hundred  and   sixty-one,  at,  the  courthouse  of  " 
Kanawha  county,  nnder  the  supervision  of  the  sheriff  of  said  county, 

or  any  two  justices  thereof;  and  annually  thereafter,  there  shall  he 
an  election  on  the  same  day  in  each  year,  at  snch  time  and  place,  and 
nnder  such  supervision,  rules  and  regulations  as  the  council  of  said 
town  may  prescribe.  The  person  or  persons  conducting  the  first 
election  shall  grant  a  certificate  to  the  persons  elected  :  which  certifi- 
cate shall  led  among  the  by-laws  and  ordinances  of  said 
town. 

10.  All  persons  who  have  had  their  domicil  in  said  town  for  twelve  who  may  tou 
months  next  preceding  the  day  of  election,  and  who  shall  have  paid 

the  town  taxes  B  -ainst  them  for  the  preceding  year,  and  who 

shall  also  be  entitled  to  vote  for  meinhers  of  the  general  assembly  of 
Virginia,  shall  be  entitled  to  vote  for  all  officers  elected  by  the  peo- 
ple under  this  act. 

11.  Whenever  a  vacancy  shall  occur  from  any  cause  in  the  office  VninniiH 

of  mayor  or  recorder,  the  council  for  the  time  being  shall  at  once 

order  a  special  election  to  be  held  to  fill  the  vacancy;  of  which 

on  two  weeks'  notice  shall  be  duly  given  and  published  by  tlm 

eon  noil. 

12.  At  all  elections  the  vote  shall  ho  given  viva  •>  •  vivavorovotinj 

[3.    Whenever   two  or  more  persons  for   the  same  office  at  said  In  rajo  of  a  tic 
n  shall  receive  an  equal  number  of  votes,  the  commissioners 
of  election,  or  a  majority  of  them,  after  proclamation  made  at  the 

front    doot  of  the    place   of  Voting,   that   the   polls   ar< 

v.  hi'  h  of  the 
said  ]"  1  ho  returned  as  eleoti  d. 

14.  /  •  lections  shall  be  beard  and 

non 

ooun<  I  lor  the  time  I 

15.  '■  ft  offlerw 

intr  upon  the  duties  el  their  office,  and  within  two  weeks  from  tho 


L76 


rowNS. 


day  of  their  election,  make  oath  or  affirmation  that  they  will  truly. 
faithfully  ami  impartially  discharge  the  duties  of  their  said  offices. 
bo  the  best  of  their  abilities,  bo  long  an  they  shall  continue  therein. 
The  major  and  recorder  shall  take  said  oath  or  affirmation  before  a 
justice  of  the  peace,  and  the  oouncilmen  shall  take  it  before  the 
person  presiding  for  the  time  in  the  council.  Certificates  of  said 
oaths  or  affirmations  shall  be  recorded  in  the  journal  <>f  the  pro< 
ing-s  of  the  council. 

brm«r  w>.  Whenever  any  four  of  the  newly  elected  oouncilmen  shall 
have  been  so  qualified,  they  shall  enter  upon  their  said  office,  and 
supersede  the  former  oouncilmen. 


Wben  :  17.    The  mayor  and  recorder  shall  each  enter  on  the  duties  of  his 


offii       i  soon  as  qualified. 


When  new 


18.    if  any  one  who  shall  have  been  duly  elected  mayor,  recorder 
or  councilman,  shall  not  have  been  eligible  as  herein  prescribed,  or 

shall  refuse  or  fail  to  take  the  oaih  or  affirmation  required  under  this 
act,  for  two  weeks  from  the  day  of  his  election,  the  council  for  the 
time  being  shall  declare  his  said  office  vacant,  and  >hall  order  a  new 
election  for  mayor,  recorder  or  councilman,  as  the  case  may  he. 


icy  in 
council 


19.  Whenever  from  any  cause  a  vacancy  shall  occur  in  the  office 
of  councilman,  the  council  for  the  time  being  shall,  by  a  vote  of  a 
majority  present,  till  it  by  choosing  a  councilman  from  among  the 
citizens  of  the  town  eligible  to  that  office  under  this  act. 


Who  to  proaidf 
unci! 


20.  The  council  shall  he  presided  over  at  its  meetings  by  the 
mayor ;  or  in  his  absi  nee.  by  the  recorder ;  or  in  the  absence  of  both 
mayor  ami  recorder,  by  one  of  the  oouncilmen  selected  by  a  majority 
of  the  council  present. 


Quorum  21.    Hie  presence  of  the  mayor  or  recorder  and  at  least  three 

councilmeii,  or  in  the  absence  of  both  the  mayor  and  recorder,  the 
presence  of  fivccouncilmen  shall  he  necessary  to  make  a  quorum  for 
the  transaction  of  business. 


Jotirnal  1  ■  >  be 
kept 


22.  The  council  shall  cause  to  be  kept  in  a  journal  an  accurate 
record  of  all  its  proceedings,  by-laws,  acts  and  orders;  which  shall 
be  fully  indexed,  ami  open  to  the  inspection  of  any  one  who  is  enti- 
tled to  vote  for  members  of  the  council. 


Proceedings  to 

>.■■  r.-;i.1 


23.  At  each  meeting  of  the  council  the  proceedings  of  the  last 
meeting  shall  be  read  to  the  council,  and  shall  thereupon  be  cor- 
rected, if  erroneous,  and  signed  by  the  person  presiding  for  the  time 
being.  Upon  the  call  of  any  member,  the  ayes  and  noes  on  any 
question  shall  be  called  and  recorded  in  the  journal. 


TOWNS.  177 

Ml.    The  mayor  and  recorder  shall  have  votes  as  members  of  the  who  to  vote  iu 
council  :   and  in  all  case.-  <rf  a  tie,  the  person  at  the  time  presiding  at 
the  council  shall  have  the  OSSting  vote. 

2.1.    The  council  so  constituted  shall  have  power  within  said  town  Powenof 
to  lay  nil",  open,  curb  and  pave  streets,  alleys,  walks  and  gutters  forrounc 

the   public  use,  and   In  alter,  improve  and    lighl    the  same,  and    1 

them  kepi  in  good  order,  and  fne  from  obstructions  on  or  over  them ; 
in  regulate  the  width  of  sidewalks  on  the  streets,  and  to  order  the 
sidewalks,  footways  and  gutters  to  he  curbed  and  paved  ami  kepi  in 

good  order,  free  and  (lean,  by  the  owners  or  occupants  thereof,  or  of 

the  real  property  next  adjacent  thereto:  to  layoff  public  grounds, 
and  to  provide,  contract  lor  and  take  care  of  all  public  buildings  pro- 
per to  the  town  :  to  establish  and  regulate  markets ;  to  prescribe  the 

time   for  holding   the   same,  and  what    articles   shall    he   sold  only  in 

such  markets;  to  prevent  injury  or  annoyance  to  the  public  or  indi- 
viduals, from  any  thing  dangerous,  offensive  or  unwholesome;  to 
protect  places  of  divine  worship  in  and  about  the  premises  w  b 
held:  to  abate  Of  cause  to  be  abated  any  thing  which,  in  the  opinion 
of  a  majority  of  the  whole  council,  shall  be  a  nuisance;  to  regulate 
the  keeping  of  gunpowder  and  other  combustibles;  to  provide  in  or 
near  the  town,  places  for  the  burial  of  the  (bad.  and  to  regulate  in- 
terments in  the  town  ;  to  provide  for  the  regular  building  of  houses  or 
other  structures,  and  for  the  making  of  division  fences,  and  for  the 
drainage  of  lots  by  proper  drains  and  ditches;  to  make  regulations 
for  guarding  against  danger  or  damage  from  fires;  to  provide  for  the 
poor  of  the  town  ;  to  lay  oil'  the  town  into  two  or  more  wards,  and 
appoint  ami  publish  the  places  of  holding  town  elections,  and  the 
time  of  holding  special  elections  and  polls  :  to  provide  a  revenue  for 
the  town,  ami  appropriate  the  same  to  its  expenses,  ami  to  provide 
the  annual  ol  of  taxable  persons  and  property  in  the  town  : 

to  adept  ruler  for  the  transaction  of  business,  and  fur  the  govern- 
ment and  regulation  of  its  own  body;  to  promote  the  general  wel- 

of  the  town,  and  to  protect  the  property  of  perron-  therein,  and 
to  prest  rve  peace  and  good  order  therein  ;  to  keep  a  town  guard  ;  to 
appoint  and  order  out  a  patrol  for  the  town  in  like  manner  ami  be 
like  purposes  within  tie  the  patrol  may  be  ordered  out  by 

the  county  court,  of  a  justice  within  the  county  :  and  to  appoint  such 
officers  as  they  may  deem  proper,  including s  oner 

of  the  revenue,   treasurer,  and   Overseer  of  the  ] r:   to  define  their 

<••  their  duties,  fix  their  term  of  service  ami  compen- 
sation, require  and  take  from  them  bond-,  with  such  sun  och 
penait                                             nditioned  for  the  true  and  faithful 
discharge  of  their  duties,  and  remove  them  at  pleasure  tall  bonds 
taken  by  the  council  shall  be  made  payable  to  the  town  by  its  corpo- 
rate name);  to  p.  unit  or  prohibit  the  establishment  of  nen   pis 
for  the  interment  of  the  <                                      |  u.  and  t. 
the  tami  .  to  ,  •                              prohibit  i 
U 


178  TOWNS. 

or  water  works  in  or  near  the  town;  to  prevent  injuries  to  or1  pollu- 
tion of  the  same,  or  danger  to  the  water  and  healthfulneas of  the 

town    (for  all   which    purposes   named   in   tins  clause,  except    that  of 

linn,  the  council  shall  have  jurisdiction  for  one  mile  beyond  the 
town):  to  regulate  and  provide  for  the  weighing  and  measuring  of 
hay,  coal  and  other  articles  sold  or  fur  sale  in  said  town,  and  to  regu- 
late tin-  transportation  thereof  through  the  Btre< 

Power  to  pan  26.  'I'd  <-arrv  into  effect  these  enumerated  powers,  and  all  other 
powers  conferred  apon  the  said  town  or  its  council,  expressly  or  by 
implication,  in  this  or  any  other  acts  of  the  general  assembly  of  Vir- 
ginia, the  council  shall  have  power  to  make  and  pass  all  needful 
orders,  by-laws  and  ordinances,  aol  contrary  to  the  oonstitotion  and 
laws  of  Virginia  :  and  to  prescribe,  impose  and  enact  reasonable  tines 
and  penalties,  or  imprisonments  in  the  county  jail  for  a  term  not  ex- 
ceeding thirty  days;  and  also  corporeal  punishments  by  stripes,  when 
other  than  white  persons  are  the  offenders.  All  which  lines,  penal- 
ties, imprisonments  or  stripes  shall  be  recovered  or  enforced  under 
t Ik-  judgment  of  the  mayor  of  said  town,  or  the  person  lawfully  ex- 
ercising his  functions.  And  the  authorities  of  said  town  may.  with 
the  oonsenl  of  the  county  oourl  of  said  county,  entered  of  reoord, 

have  the  right  to  use  the  jail  of  Said  county  of  Kanawha  for  any 
purposes  for  which  the  use  of  B  jail  may  be  needed  by  them,  under 
the  acts  of  council  or  of  the  state. 

Power  to  estab-       27.    It  shall  be  lawful  for  the  council   to  establish   and  construct 
J^*  landings,  wharves  and  docks  on  any  ground  which  does  or  shall  be- 

long tn  the  said  town,  and  to  repair,  alter  or  remove  anj  Landing, 
wharf  or  dock  which  has  been  or  shall  he  so  constructed,  and   to  lay 

ami  collect  a  reasonable  duty  on" the  vessels  coming  to  or  using  the 

same;  and  they  shall  have  power  to  pass  and  enforce  such  ordinances 
as  Bhall  he  proper  to  keep  the  same  in  good  order  and  repair;  to  pre- 
serve peace  and  good  order  at  the  same,  and  regulate  the  manner  in 
which  they  shall  he  used.  They  shall  have  power  to  appoint  as 
many  wharf  masters  for  said  town  as  may  appear  QeoessaTJ  !  to  pre- 
senile their  duties,  fix  (heir  fee-,  and  make  all  regulations  in  respect 
to  such  officers  as  to  them  may  seem  expedient. 

Annual  estimate  28.  The  council  shall  cause  to  he  annually  made  up  and  entered 
Dpon  its  journal,  an  account  and  estimate  of  all  sums  which  are  or 
may  become  lawfully  chargeable  mi  the  said  town,  which  ought  to  he 

paid  within  one  year;  and  it  shall  order  a  town  levy  of  so  muoh  as 

in  its  opinion  is  the  amount  which  may  be  raised  from  licenses  and 
other  sources. 

On  whom  levy         2!>.    The  levy  so  ordered  may  be  upon  all  free  male  persons  within 

tobeaueued      ^-j   Ui^n   (|V(.r   ^xt(.(.H   years  of  age,  dogs,  and   on   all   real   estate 

within  said  town  which  is  not  exempted  from  state  taxation,  and  all 


.       TOWNS.  179 

such  other  subjects  in  said  town  as  may  at  the  time  lie  assessed  with 
stale  taxes:  provided,  that  the  tax  do  not  ezoeed  one  dollar  on  ever] 
hundred  dollars  of  the  value  of  unimproved  lots  (or  lots  upon  which 
there  is  no  building),  and  seventy-li\  e  cents  on  every  hundred  dollars 
of  the  value  of  other  real  ami  personal  property,  <>r  two  dollars  pet 

head  on  each  taxable  person. 

30.  Whenever  anything  for  which  a  state  license  is  required,  is  Town] 
to  be  done  within   the   said   town,  the   council   may  require   a   town 
LioenBe  t<>  be  had   for  doing  the  same,  and   may  impose  a  tax  thereon 

for  the  Use  of  the  town  :  and  the  council  may  in  any  case  in  which  it 
sees  lit.  require  from  the  person  so  licensed,  a  bomb  with  sureties,  in 
Buoh  penalty  and  with  such  condition  as  it  may  think  proper.  Said 
council  may  aim  grant  or  refuse  licenses  to  owners  or  keepers  of 
wagons,  drays,  carts,  hacks  and  other  wheeled  carriages  kept  or  em- 
ployed in  said  town  for  hire  or  as  carriers  for  the  public;  and  may 
require  the  owners  or  keepers  of  such  wagons,  drays  and  carts  using 
them  in  the  town,  to  take  out  a  license  tlnrefor;  ami  may  require 
iii  lie  paid  thereon,  ami  subject  the  same  in  such  regulation! 

they  may  deem  proper. 

31.  The  revenue  from  these  and  other  sources  shall  be  collected,  Revenue,  how 

paid  over  and  accounted  for  at  such  times  and  to  snch  persons  as  th< 
council  shall  Older. 

32.  The  B<  rgeanl  shall  have  power  to  collect  the  town  taxes,  funs  p.,,.,  .. 
and  levies,  and  shall  have  power,  one  month  after  he  shall  ha\<   re-  wr*ea,,t 
oeived  tin-  books  of  the  commissioner  of  the  revenue  of  said  town. 

to  distrain  and  sell  therefor  in  like  manner  as  a  Bheriff  may  sell  and 
distrain  for  state  taxes,  and  shall  have  in  all  other  respects  the  same 
powers  as  a  sheriff  to  enforce  the  payment  and  collection  thereof. 
And  the  said  sergeant  shall  have  power  I  •  .  within  the  corpo- 

rate limit-  of  said  town,  all  the  duties  that  a  constable  can  legally 
id  to  the  collection  of  claim-,  executing  and  levying 

prooew  :  and  he  shall  be  entitled  to  the  same  compensation  therefor; 
and  he  and  his  securities  shall  be  liable  to  all  the  fines,  penalties  and 
forfeitures  that  a  constable  i-  legally  liable  to  for  any  failure  or  dere- 
liction in  his  said  office;  to  be  recovered  in  the  same  manner  and 

courts  that  said  finee,  penalties  and  forfeit 
now  recovered  against  a  eon-table. 

<!1  be  a  lien  on  real  estate  lor  the  town  taxes  assjenaad  un  n 
thereon,  from  the  commencement  of  the  year  for  which  tiny  are" 

asse-si  d. 

34.    Tie   <  'iimd  may  order  and  ,  u  the  town,  d 

delinquent  for  the  non-payment  ol  taxes,  to  be  sold  by  the  i 
at  public  auction,  fur  the  arrears,  wit;,  lirl, 


180 


TOWNS. 


per  centum  as  tin-  council  may  prescribe,  for  charges,  and  the  sur- 
plus shall  be  paid  die  owner;  and  they  may  regnlate  the  terms  mi 
which  real  estate  so  delinquent  may  be  redeemed. 


.'{.").    The  OOnncil  may  prohibit  any  tlieatrical  or  other  performance. 
Bhow  Ot  exhibition,  which   it   may  deem   injurious   to   the  morals  or 

gOOd  older  of  the  tOWn. 


.'{(I.  The  council  shall  have  power  to  require  and  take  from  the 
&  rgeant  and  treasurer,  honds.  with  sureties.  satisfactory  to  the  coun- 
cil, in   such  penally  as  they  may  deem   sufficient;   except    that   a<   to 

the  sergeant,  it  shall  not  be  for  a  penalty  less  than  three  thonaaad 

dollars:   ami  said  bond  shall  he  conditioned   for  the  faithful  and  true 

performance  of  his  duties  as  sergeant,  and  for  the  collecting  and  ac- 
counting for  and  payment  of  the  taxes,  tines  and  other  moneys  of  the 

town  which  shall  come  into  his  hands,  or  which  it  shall  be  his  duty 
to  collect,  at  such  times  and  to  such  persons  as  the  council  may  order. 
The  treasurer's  bond  shall  be  conditioned  for  the  faithful  performance 

of  his  duty  an  treasurer,  and  that  he  will  faithfully  pay  our  and  ac- 
count lor  all  moneys  thai  shall  come  into  his  hands  as  treasurer,  when 
and  as  he  shall  he  thereto  required  by  the  council. 


mayor  37.  The  ruayor  shall  be  the  chief  executive  officer  of  the  town, 
lie  shall  take  care  that  the  by-laws,  ordinances,  acts  and  resolutions 
of  the  council,  tire  faithfully  executed,  lie  shall  be  ex-offioio  a  oon- 
-c  ivator  and  justice  of  the  peace  within  the  town,  and  shall  within 
the  same  exercise  all  the  powers  and  duties  vested  in  the  justices  of 
the  peace  for  ihe  county,  except  that  he  shall  have  no  jurisdiction  as 
such  in  civil  causes;  nor  shall  he  he  a  member  of  the  county  court. 
He  shall  have  control  of  the  police  id'  the  town,  and  may  appoint 
Special  police  officers  when  he  deems  it  necessary.  It  shall  he  his 
duty  especially  to  see  that  peace  and  good  order  are  preserved,  and 
that  the  persons  and  property  are  protected  in  the  town,  lie  shall 
have  power  to  issue  executions  for  all  lines  and  costs  imposed  by  him. 
or  he  may  require  the  immediate  payment  thereof:  and  in  default  of 
such  payment,  he  may  commit  the  party  in  default  to  the  jail  of  Ka- 
nawha county  until  the  fine  and  costs  shall  be  paid  :  but  the  term  of 
imprisonment  in  such  case  shall  not  exceed  thirty  days.  He  shall 
from  time  to  time  recommend  to  the  council  such  measures  as  he  may 
deem  needful  for  the  welfare  of  the  town.  He  shall  receive  a  com- 
pensation for  his  services,  to  be  fixed  by  the  council,  which  shall  not 
be  increased  or  diminished  for  the  term  for  which  he  shall  have  been 
elected. 


Hon 


]>1>1|"S  of 

recorder 


38.  The  duty  of  the  recorder  shall  be  to  keep  the  journal  id'  the 
proceedings  of  the  council,  and  have  charge  of  and  preserve  the  re- 
cords of  the  town.  Iu  the  absence  from  town  or  sickness  of  the 
mayor,  or  during  any  vacancy  in   the  ollice  of  mayor,  he   shall  per- 


TOWN-.  iSi 

form  the  duties  of  the  mayor,  and  be  invested  with  ;ill  liis  powers. 
Tie  shall  he  a  conservator  of  the  peace  within  the  town.  He  shall 
receive  a  compensation  for  his  services,  to  be  fixed  by  the  council, 
which  Bhall  not  lie  increased  or  diminished  for  the  term  for  which  he 
shall  have  been  elected. 

•*!!».   In  case  of  the  absence  from  town  or  sickness  of  both  mayor  who  to 
and  recorder,  and  in  case  the  offices  of  mayor  and  recorder  are  both  '. 

vacant    al    the   same   time,  the   council    shall,   by  vote  of  a  majority  r"oorder 
present,  appoint  one  of  their  own  number  to  fill  each  office  until  tin- 
mayor  or  recorder  may  retain  or  resume  their  iluties.  or  a  new  elec- 
tion is  had  of  said  officers. 

!'•.    Tt  shall  he  the  duty  of  the  town  sergeant  to  collect   the  taxes,  D 
tine-  ami  other  income  and  revenue  of  the  town,  as   specified   in   hU  ' 

bond,  and  to  account  for  and  pay  the  same  to  the  treasurer  at  such 

time  as  the  council  may  order.  And  it  shall  he  his  duty,  at  leasl 
months,  daring  his  continuance  in  office,  and  oftener, 
if  thereto  required  by  the  council,  to  render  an  account  of  the  taxes, 
funs  and  other  claims  in  his  hands  for  collection,  and  return  a  list  of 
such  as  he  shall  have  been  unable  to  collect  by  reason  of  insolvency; 

to  which   list    he   shall   make   oath   that  he  has  used  due  diligence   I  I 

collect  the  same,  hut  has  been  unable  to  do  so.    The  council  shall. 

if  it  he  satisfied  he  could  not  have  collected  the  said  claims  by  n^v  of 
due  diligence,  allow  them.      But  if  the  council  shall  he  of  the  opinion 

that  by  the  use  of  due  diligence  on  the  part  of  the  said  sergeant,  he 

OOUld  have  collected  any  of  the  said  taxes  or  other  claims,  then  he 
shall  be  chargeable  With  such  as  he  might  have  collected.  The  said 
nit  shall  do  and  perform  all  tin-  other  acts  appertaining  to  the 
office  of  sergeant  of  n  corporation,  and  of  a  police  officer  and  con- 
stable within  said  town;  and  a-  such,  shall  have  the  same  powers, 
duties,  fees  and  liabilities  a-'  are  by  law  prescribed  to  a  constable. 
He  shall  for  hi-  e  such, compensation  as  shall  he  fixed  Hboompa- 

by  the  council. 

11.   All  moneys  belonging  to  the  .-aid  town  shall  be  paid  over  to Moaqn, how 
the  treasurer;  ami  no  money  shall  he  by  him  paid  out  except  as  the  pai  oy 

-hall  have  heen  appropriated  and  ordered  to  he  paid  by  the 

coumil;  and  the  said  treasurer  -hall  pay  the  same  upon  the  oertifi- 

:  the  recorder,  or  in  hii  absence,  upon  the  certificate  of  the 

mayor.  * 

1-.'.    [fthi  said  treasurer  shall  fail  to  account  for  and  pay  over  all  or  How  ■ 

any  moneys  that  shall  come  into  hi.-  hands,  when  limn  to  required  hy  the  '. 

loum  il.  it  shall   be  lawful   for  the  council,  in    the   corporate   nam. 

the  town,  by  motion  before  any  court  of  record  held  for  Kanawha 
conn-  .  r  from  the  tn  -.  or  tie  u  ; 

pon a  1  r-  jirescntntivt  .  that  may  he  due  from   I  irer 

to  said  town,  on  t<  n  • 


rawing. 

o«th«  of  officer*  43.  Before  entering  upon  the  dnties  of  their  office,  the  sergeant, 
treasurer,  overseer  of  the  poor  and  commissioner  of  the  revenue  shall 
make  oath  or  affirmation  before  Ac  mayor,  or  person  who  for  the 
time  being  sliall  preside  at  the  oonneil  meeting',  t!;;it  they  will  truly. 
faithfully  :unl  impartially  discharge  the  duties  <>t'  their  office  bo  long 
:is  they  shall  remain  therein. 

II.    And  if  the  sergeant  shall  fail  to  at  for  and  pay 

over  all  the  taxes,  fines  and  other  revenue  of  the  town  in  hi~  hands 
for  collection,  according  to  the  condition  of  his  bond,  it  shall  be  law- 
ful for  the  council  to  recover  the  same,  by  motion,  in  the  corporate 

name  of  tin-   town.   Ik  lore  any  court  of  record  of  the   said   county  of 

Kanawha,  against  the  said  sergeant,  and  his  sureties  in  his  said  bond, 

or  any  or  either  of  them,  his  or  their  ezeoutOTS  or  administrators,  on 
gh  ing  ten  days'  notice  of  the  same. 

:  15.   The  said  town  and  the  taxable  persons  and  property  therein 

'  all  be  exempt  and  free  from  the  payment  of  any  poor  rates  or  road 
tax,  ami  from  contributing  to  any  county  expenses,  for  any  year  in 
which  it  shall  appear  that  said  town  Bhall,  at  its  own  expense,  pro- 
vide for  its  own  poor  and  keep  its  BtreetS  in  order. 

hi.   All  the  rights,  privileges  and  properties  of  the  said  town,  here- 

oontinaed  tofore  acquired  and  possessed,  owned  and  enjoyed  by  any  act  now  in 

force,  shall  continue  undiminished,  and  remain  vested  in  said  town 
under  this  act:  and  all  laws,  ordinances,  acts  and  resolutions  of 
council  now  in  force,  and  not  inconsistent  with  this  act.  shall  he  and 

continue  in  full  force  and  effect  until  regularly  repealed  by  a  council 

elected  as  provided  under  this  act. 

17.  This  act  shall  at  all  times  hi-  Bubjeot  to  modification  or  repeal, 
at  the  pleasure  of  the  general  assembly. 

48.    This  act  shall  he  in  force  from  its  passage. 


Chap.  '.mi. — An  ACT  amending  the  Charter  of  the  Town  of  Bath  in  the 

»  ( 'omit  v  of  Morgan. 

Paw  'I  February  1 1,  1861. 

i-:,(  |.    Be  it  enacted  by  the  general  assembly,  that  the  second  section 

of  an  act  entitled  an  act  amending  an  act  passed  February  first, 
eighteen  hundred  and  eight,  appointing  trustees  of  the  town  of  Bath 

in  the  comity  of  Berkeley,  and  tor  other  purposes  therein  mentioned, 
pasted  March  first,  eighteen  hundred  and  fifty-four,  he  amended  ami 
re-enacted  so  as  to  read  as  follows : 


TOWNS.  W! 

"§  2.    On  the  first  Monday  in  the  month  of  April  annually,  such  When  etoctton 
of  the  inhabitants  of  said  town  aa  are  a1  tin-  time  they  may  offer  to 
voir  qualified  t<>  vote  for  members  of  the  general  assembly,  ^liall 
elect  five  persons,  who  Bhall  constitute  the  board  of  trustees  of  said  Board  of 

trustees 

town.  ;in<l  who  shall  in  aHI  respects  be  governed,  and  have  the  powers 
conferred  by  said  fifty-fourth  chapter  of  the  Code;  any  three  oc 
more  of  whom  shall  constitute  s  quorum  fox  business.  Tiny  slmll 
hold  their  office  for  one  year  and  until  their  successors  are  elected 
and  qualified." 

2.   Be  it  further  enacted,  that  the  fourth  section  of  the  act  afore-  Aci  farthei 
said,  passed   March  the  first,  eighteen  hundred  and  fifty-four,  be 

amended  and  re-enacted  so  a*  to  read  as  follows  : 

"§4.  The  president  shall  not  vote  except  there  be  a  tie.     Ee  President  of 
shall  be  ex-officio  a  justice  of  the  peace  within  the  limits  of  the  said 
town,  and   as   Mali,  upon   the  certificate  of  the  clerk  of  the  county 
court,    the    governor    shall   commission    him.      lie    shall,    within    the  Powen 

limits  of  said  town,  have  power,  as  a  justice  of  the  peace,  to  receive 
and  certify  the  acknowledgments  of  deeds,  as  justices  of  the  county 
are  authorised  to  do;  take  and  certify  depositions ;  hear  and  deter- 
mine causes  within  the  jurisdiction  of  justices  ;  and  generally  to  do 
and  perform  any  and  all  acts  within  the  limits  aforesaid,  which  jus- 
tii'-  of  the  county  are  authorized  to  do  and  perform,  except  that  he  Nol  a  monitor 
shall  not   he  a  member  of  the  court  of  said  county  :    And   to  the  end 

aforesaid,  he  is  hereby  clothed  with  all  the  powers  and  authority,  and 

Subjected  to  all  the  duties  within  the  limits  aforesaid,  which  arc  oon- 
1   and  imposed  upon  justices  of  the  county  by  the  constitution 
and  laws  of  this  commonwealth." 


"§  B.    Be  it   further  enacted,  that  appeals  may  be  taken   from  the  \ 
judgment  of  such  justice  to  the  county  court,  in  the  mode  prescribed 
by  law  for  taking  appeals  from  the  judgment  of  the  justi* 


"  §  f>.   Be  it  further  enacted,  that  an  election  for  tn  said  when  irn 

town  shall  lie  lnld  on  the  first  Monday  in  April  next :  and  thcreupi 

the  present    tru-ti  is    shall    go  out  of  office.      The  next   election    shall  i; 

nducted  and  superintended  by  the  sherilT  of  said  county,  or  in 
bsence,  by  one  of  hi-  deputies,  or  by  any  constable  of 

v  :    and  upon    the  (Ins,.  ,,|   the   poll,  lie  shall    oertif 
duly   i  ml    all    subsequent    •  under   tin-    a<  t    may   he 

ed  in  like  manner.  |  ided  by 

the  board  of  ti 


184 


TOWNS. 


Who  may  be 
employi  I  OH 


Vagranta 


(  HAP.  91. — An  ACT  for  tin-  1-  I  fWB  of  Danville. 

Past-. 

l.  Be  it  enacted  by  the  general  assembly,  that  all  persona  com- 
mitted to  the  jail  of  the  town  t,\'  Danville  For  punishment,  or  fox 
default  <>f  security  for  the  peaee  or  good  behayior,  may.  by  order  of 
the  court  or  justice  making  the  commitment,  made  at  the  time  of 
commitment,  or  afterward.-,  during  their  confinement,  by  said  court, 
or  any  justice  of  said  town,  In-  employed,  under  the  regulation!  of 
the  council  of  the  said  town,  at  labor  open  tin-  streets  of  the  said 
town,  or  about  such  other  public  work  as  the  council  may  prescribe; 
and  all  vagrants,  ami  idle,  dissolute  persons,  without  meant  of  sup- 
port, found  in  said   town.  may.  by  Order  of  the   court  of  busting!  for 

tlir  town,  or  of  tho  mayor  or  other  justice  thereof,  be  committed  to 

the  said  jail  for  a  term  nnt  exoeeding  twelve  months  at  a  time:  to 
be  supported  at  the  expense  of  the  town,  in  such  manner  as  the 
council  may  prescribe,  and  to  he  employed  in  like  manner,  for  the 
term  of  their  confinement. 


Commencement       2.    This  act  shall  he  in  force  from  its  passage. 


intended 


Chap.  92. — An  ACT  amending  and  re-enacting  die  Charter  of  the  Town  of 
Guyandotte  in  tin-  County  of  Cabell. 

I'ass.cl  March  !?:!,  lsill. 

Be  it  enacted  by  tin'  general  assembly,  that  the  charter  of  the 

town  of  GrUyandotte  in  the  county  of  CabeS  be  amended   and   rc-eii- 
SOted  ho  as  to  read  as  follows  : 


Town  of 

adol : 


Municipal 
intnoritlei 


1.  Guyandotte  in  the  county  of  Cabell  shall  continue  to  he  a  town 

corporate,  under  the  name  of  The  Town  of  Guyandotte,  within  the 

limits  and  li ds  of  said  town,  according   to   the   plat   <d'  said   town. 

on  record  in  the  county  court  clerk's  ollico  of  Cabell  county  :  and 
shall  have  and  exercise  the  powers  conferred  upon  towns  by,  and  he 
BUbjeCt  to  the  provisions  id'  the  fifty-fourth  chapter  of  the  Code  of 
Virginia,  so  far  as  the  provisions  of  the  said  chapter  are  not  in  con- 
flict with  the  provisions  of  this  act. 

2.  The  municipal  authorities  of  said  town  shall  he  a  mayor,  re- 
corder and  live  coiincilnien,  who  together  shall  form  a  common 
council. 


Town  sergeant  3.  There  shall  he  a  town  sergeant,  who  shall  have  the  powers  and 
perform  the  duties  of  a  constable  within  the  limits  of  said  corpora- 
tion, and  shall  he  the  collector  of  the  revenues  of  the  town. 


TOWNS.  1S5 

4.  The  mayor,  recorder  and  eouneilmen  and  the  town  sergeant  How oAoen 
Bhal]   lie  clrct.d    hythe   perBOnS  who   have  h:id   tlicir  doniicil   in   tin- 

said  town  for  twelve  months  preceding  the  day  of  election,  and  who 
.shall  also  he  entitled  to  vote  for  members  of  the  general  assembly  of 
Virginia. 

5.  Their  term  of  office  shall  be  (except  when  elected  to  fill  va- Term  of  office 
canoies)  for  one  year,  and  until  tlicir  successors  shall  have  been 

elected  and  qualified. 

(i.    The  mayor,  recorder  and  councilinen  must  be  freeholders  in  the  Qualification  of 
town,  and  entitled  to  vote  for  members  of  its  oommon  council.     The 
sergeant  musl  be  one  who  is  entitled  to  vote  for  members  of  the  oom- 
mon council  of  said  town. 

7.  Whenever  a  vacancy  shall  occur  from  any  cause  in  the  office  of  vacancies 
mayor,  recorder  or  sergeant,  the  council  for  the  time  being  shall  at 

once  oni.r  a  special  election  to  fill  the  vacancy;  of  which  election 
ten  days'  notice  shall  be  publicly  given  by  the  council. 

8.  Before  every  election  the  council  for  the  time  being  shall  ap-  superintendent = 
point  three  or  more  of  their  own  members,  whose  duty  it  shall  be  to 
superintend  said  election,  record  in  a  poll  hook  the  votes  given,  and 

make  return  thereof  and  of  the  result  of  said  election  to  the  council. 

!'.    Whenever  two  or  more  persons  for  the  same  office  at  said  dec-  In  ca»c  of  tie 
tion  shall  receive  an  equal  number  of  votes,  the  said  commissioners, 
or  a  majority  of  them,  after  proclamation  made  at  the  front  door  of 
the  town  hall,  that  the  polls  are  about  to  be  closed,  and  after  closing 

the  polls,  shall  decide  and  say  which  of  said  persons  shall  be  returned 

i  ted. 

10.   <  onto  -\<  d  i  hall  be  heard  and  decided  by  the  council  <  ■ 

for  the  tunc  being1. 

•11.    Tf  any  DIM  who  shall  have  been  duly  ch  Oted  to  any  office  under  when  nffire  to 

this  chart  r.  shall  refuse  or  fail  to  qualify  according  to 'law,  or  in  the 
it,  also  to  give  such  bond  as  the  council  may  have  pro- 
scribed, fnr  ten  days  from  the  day  of  election,  the  council  for  the 
time  being  shall  declare  hit  said  office  vacant,  and  shall  order  ■  new 

ch.  nun  to  till  sash 

12.    v>    enevcr  fp.ui  any  oat  mcy  uhall  occur  in  the  office  VaoHKyki 

the  council  for  the  time  1><  tag  shall,  by  i  \ 
majority  present,  fill  it  by  eh.  q  from  among  the 

the  town  eligible  t<>  that  office  under  tin 

tyor  cr  recorder  and  at   least  threi  (Jmnb 


L86 


TOWNS. 


Poweri  of 

council 


oouncilmen,  or  in  the  absenoe  of  both  mayor  ami  recorder,  the  pre- 
sence of  four  oounoflmen,  shall  be  neoeesar]  to  constitute  a  41111111111. 

14.  It  shall  be  lawful  for  the  council  to  establish  ami  oonstrnet 
landings,  wharvee  and  docks  on  any  ground  which  does  or  shall  be- 
long to  the  said  town,  and  to  repair  and  alter  or  remove  any  landing, 

wharf  or  dock  which  has  been  or  shall  he  >o  constructed,  and  to  [ay 
and  collect  a  reasonable  duty  on  the  vessels  coining  to  or  using  the 
same ;  and  they  shall  have  power  to  pass  and  enforce  raofa  ordinanoes 
as  shall  be  proper  to  keep  the  Bame  in  good  order  and  repair :  to  pre- 
serve peace  and  good  order  al  the  same,  and  regulate  the  manner  in 
which  they  shall  be  used.  They  shall  have  power  to  appoint  as  many 
wharf  masters  for  said  town  as  may  appear  necessary:  to  prescribe 
their  duties.  ii\  their  fees,  and  make  all  regulations  in  respect  to  such 
Officers  BS  to  them  may  seem  expedient. 


Mayor,  justice  15.  The  mayor,  as  well  as  the  recorder  when  he  shall  act  in  the 
place  of  the  mayor,  shall  be  ex-offipio  a  justice  of  the  peace  within 
the  town,  and  shall  within  the  same  exercise  all  the  powers  and  du- 
ties vested  in  the  justices  of  the  county,  except  that  he  shall  not  he 
a  member  of  the  county  court;  and  appeals  shall  lie  from  his  deci- 
sions in  all  cases  in  which  he  shall  act  in  the  capacity  of  a  justice  in 
.said  town,  in  the  same  manner  that  appeals  lie  and  may  hi'  taken  from 
the  decisions  of  justices  in  said  county  of  Cabell. 

Compensation  1G.  The  mayor  and  recorder  shall  each  receive  a  compensation 
for  his  services,  to  be  fixed  by  the  council ;  which  shall  not  be  in- 
creased or  diminished  for  the  term  lor  which  each  or  either  shall  have 
been  elected. 


Former  powi  n, 
&c.  contiuuril 


17.  All  the  rights,  privileges  and  properties  of  the  said  town,  here- 
tofore acquired  and  possessed,  owned  and  enjoyed  under  any  act  now 
in  force,  shall  continue  undiminished,  and  remain  rested  in  said  town 
under  this  act;  and  all  laws,  ordinances,  acts  and  resolutions  of 
council  now  in  force,  and  not  inconsistent  with  this  act,  shall  be  and 
continue  in  full  force  and  effect  until  regularly  repealed. 


CommiHHionerri 
of  election 


18.  The  council  of  the  town  of  Guyandotte  shall  appoint  three 
commissioners  (tWO  of  whom  may  act),  under  whose  superintendence, 
on  the  third  .Saturday  in  April,  eighteen  hundred  and  sixty-one,  at 
the  town  hall  in  said  town,  an  election  shall  be  held  for  members  of 
the  common  council  as  aforesaid,  and  for  a  sergeant.  Such  elec- 
tion shall  be  conducted,  agreeably  to  the  foregoing  provisions  in  this 
act,  with  regard  to  the  mode  of  conducting  elections  for  the  said 
town  :  and  the  election  for  officers  aforesaid  shall  be  annually  on  the 
first  Monday  in  June. 


Commencement       19.    This  act  shall  be  in  force  from  its  passage. 


TOWNS.  1^7 


Chap.  03. — An  ACT  to  incorporate  the  Town  of  Asluny. 
i  March  35,  18G1. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  place  called  Town  of  Aabnrj 
Asbury  cam])  ground  in  the  county  of  Wythe,  shall  he  and  the  same 

is  hereby  made  a  town  corporate,  by  the  name  of  Asbury;  ami  by 
th;ii  oame,  shall  have  and  exercise  the  powers  conferred  upon  towns 
by,  and  he  subject  to  the  provisions  of.  the  fifty-fourth  chapter  of  the 
Code  of  Virginia,  so  far  as  tin'  provisions  of  said  chapter  are  not  in 
conflict  with  the  provisions  of  this  act. 

2.  Tim  boundaries  of  said  town  shall  be  as  follows,  viz:   Begin-  Boundaries 
ning  at  a  white  oak  near  Asbury  church;  thence  N.  53°  E.  22  poles, 

tQjtwo  hickory  saplings;  N.  67°  E.  20  poles,  to  a  stake;  N.  65°  E. 
2.'5  poles,  to  two  sugar  trees  :  N.  ''>D  W.  18  poles,  to  a  stake;  N.  67° 
E.  12  poles,  to  a  white  oak  :  X.  54  poles,  to  a  maple;  S.  3.")°  W.  57 
poles,  to  a  Bugar  tree:  thence  12  poles,  to  a  beech  on  the  bank  of  a 
creek;  S.  25    W.  54  poles,  to  the  beginning. 

3.  The  officers  of  said  town  shall  consist  of  five  trustees,  three  of  officer* 
whom  shall  form  a  quorum  to  transact  business,  and  a  sergeant,  who 

shall  hold  their  office  for  one  year,  or  until  their  successors  are  ap- 
pointed. 

■1.    William    Ward.    J.  (i.    Keesling,   William  B.   Buchanan,    A.  Commissioners 
Vaughf  and  '/..  Mitchell  are  hereby  appointed  trustees  of  said  town, 
to  ait  as  such  until  others  may  be  elected,  and  they  are  authorized  to 
act  as  commissioners  in  holding  an  election  at  any  time,  after  giving 
twenty  days'  notice  by  advertisement  at  said  town  and  the  courthouse 

of  the  county.    And  the  parties  thus  named  are  authorized  to  appoint  Sergeant,  how 

such  in  all  matters  of  police,  but  not  otherwise,  in  '']'r"u 
said   town  of  Asbury,  and  for  the  distance  of  one  mile  ill  an}-  direc- 
tion, until  his  BUCCeSSOI  i-  fleeted. 

Ihi>  act  shall  he  in  force  from  its  passage,  and  shall  he  subject  Oommea 

to  i lifieation  or  repeal  at  any  time  at  the  pleasure  of  tlie  genera] 

MM  mldy. 


Chap,  '.M. — An  ACT  end  .'in  set  incorporating  tbe  Town  of  C'hris- 

>urg,  and  extending  the  limits  ol 


1    M:.rrli    11 


1.   B  ted  by  the  general  assembly  of  Virginia,  that  the  Corporate  Uayai 

corporate  limits  of  the  town  of  Christiansbu]  tab- 

lish<  d  by  law .  shall  he  and  the  same  are  herebj  extended  and  enlai 
so  as  to  include  within  the  in  so  nu<  I  i  ontained 


1SS  TOWS& 

within  the  following  boundary:    Beginning  at  a  rook  on  the  north 

side  of  and  at  the  western  end  of  .Main  Btreet,  a  corner  of  tin-  old 
town  land  opposite  the  lot  of  E.  <  Gardner :  theno  i  S.  21    E.  1 1  poles, 

OTOSSing  saiil  street.  to  a  Btake;    B.    ">7      I'..  L60  poles,    to  a  stake:    \. 

B  E.  !-".  to  a  Btake;  X.  I  W.96  poles,  to  a  stake ;  N.  74  W. 
]■','.  poles,  crossing  the  eastern  end  of  Main  street,  to  a  stake;  s.  tSP 
E.  10  poles,  to  a  .Make :  S.  -;    \v.  in  poles,  to  a  stake  j  B.  ?•">    W. 

poles,  to  a  stake:  S.  S6j|  W.  26  poles,  to  a  reek  on  the  old  Me- 
thodist church  hill:  X.  77  W.  8  poles,  to  a  stake  \  X.  60  \V.  30 
poles,  to  a  stake:  s.  20    W.  50  poles,  crossing  Franklin  Btreet,  and 

along  Kail  read  street,  on   the   north   Bide  thereof,  to  a  stake;   S.  17 

W.  245  poles,  along  and  on  the  north  Bide  of  Bail  mad  street,  to  a 
Btake  on  the  line  dividing  the  lots  id'  Ik  F.  Curtis  and  the  heirs  of 

William  Wade:  s.  44°  E.  114  poles,  to  a  stake  in  the  line  of  B.  If. 
Bfokock'e  lot  :  S.  If)0  E.  70£  poles,  to  a  stake  on  the  line  of  King's 
hill  lot  opposite  the  poinl  of  intersection  with  Centre  street ;  s.  52 
E.  711  poles,  crossing  Centre  street,  and  along  the  line  of  the  lot 
formerly  owned  by  George  Clare,  tea  stake  in  the  line  of  H.  M. 
Ghent;  and  thence  an  easterly  direction  along-  his  line  to  the  line  of 
Hamilton  Garner;  and  thence  a  straight  line  to  the  beginning-. 

Officers  2.    The  officers  of  said  town  shall  he  a  mayor,  live  councihnen  and 

a  Bergeant,  who  shall  have  the  powers,  he  liable  to  all  the  penalties, 
and  perform  the  duties  of  a  constable  within  the  limits  of  said  cor- 
poration. The  election  of  these  officers  shall  take  place  biennially, 
and  they  shall  continue  in  office  until  their  successors  are  appointed. 
The  sergeant  shall,  before  entering  upon  the  discharge  of  his  duties, 
take  an  oath  of  office,  and  execute  a  bond  to  said  corporation,  in 
such  penalty  and  with  such  security  as  the  council  shall  require,  con- 
ditioned for  the  faithful  discharge  of  the  duties  id'  his  offioe  during 
his  continuance  therein.  This  bond  shall  be  recorded  in  the  county 
court  of  Montgomery  county,  and  the  same  proceedings  shall  be  had 
thereon  as  may  be  had  against  a  sheriff  or  constable  under  the  Code 
of  Virginia. 

Power  of  coun-  3.  The  council  shall  have  power  for  good  cause  to  remove  the 
Bergeant  from  office,  and  to  declare  the  same  vacant  ;  and  they  may 
order  a  special  election  to  fill  a  vacancy  in  said  ofliec  for  the  unex- 
pired term;  and  until  such  vacancy  is  Idled,  may  appoint  a  sergeant 
pro  tempore. 

Quorum  4.    A  majority  of  the  council  shall  constitute  a  quorum  for  the 

transaction  id'  business.  The  mayor  shall  preside  at  the  meetings  of 
the  council,  but  shall  not  vote  unless  there  is  a  tie.  In  his  absence, 
any  member  may  preside. 

other  officers,  5.  The  council  may  appoint  a  treasurer  and  such  other  officers  as 
may  be  necessary,  and  fix  their  duties  and  compensation :    and  they 


how  appointed 


TOWNS.  189 

shall  have  power  to  pass  all  by-laws  and  ordinances  deemed  by  diem 

necessary  to  suppress  crimes  forbidden  by  the  laws  of  this  comnion- 
wealth :  td  prevent  and  suppress  disorderly,  riotous  and   inJiecenl 

Conduct,  and   all    violations   of    public  morals:   and   shall    also    ha\e 

power  iii  enforce  all  such  by-laws,  and  provide  the  mode  and  manner 
of  punishing  their  infraction  and  violation,  by  fines  not  exceeding  ten 
dollars,  and  by  imprisonment  in  the  county  jail  of  Montgomery 

county. 

ii.   The  council  may,  for  the  purpose  of  opening,  altering,  improv-  Powenof 

ing  and  lighting  the  streets,  alleys,  walks  and   public  grounds  in  tie- 

said  town,  and  for  the  purpose  of  providing  water  works,  magazines, 

markets,  fire  engines  and  other  tire  apparatus,  and  places  lor  the  in- 
terment of  tin'  dead,  contract  loans  and  issue  certificates  of  debt  and 
bonds;  but  the  same  shall  not  lie  irredeemable  for  a  period  more 
than  thirty-four  years.  And  the  said  council  shall,  by  levies  or 
otherwise,  provide  annually  for  the  payment  of  the  interest  and  one 
per  cent,  of  the  amount  of  said  bonds  or  certificates  of  debt.  But 
no  momy  shall  be  borrowed  or  certificates  issued  by  the  council  un- 
der this  section,  unless  a  majority  of  the  voters  of  said  town  shall 
have  previously  authorized  the  same. 

7.    The  council  may  prevent  hogs,  dogs  and  other  animals  from  n 
running  at    large  within  the  corporate  limits,  and   may  subject  the 
same  to  such  regulations  and  taxes  as  it  may  deem  proper. 

B,    An  appeal  may  be  taken  from  the  decision  of  the  mayor  in  all  Appeals,  how 

and  under  the  same  limitations  in  which  it  COUld  be  taken  from 
a  decision  of  a  justice;  and  the  same  shall  be  docketed,  heard  and 
tried  in  the  county  court  of  Montgomery  county,  in  the  same  manner 
appeals  from  the  judgment  of  justices  are  determined. 

!».    The  residents  of  said  town  shall  not  hereafter  be  liable  to  work  Exempt  from 
the  roads  of  the  county  ol   .Montgomery  lying  outside  the  limits  ofj^dto8 
said  corporation. 

10.   All  acta  and  parts  of  acts  inconsistent  with  this  act  shall  be  incomd 

and  the  same  are  hereby  n  pealed  :  and  the  provisions  of  the  fifty-  , 
fourth  chapter  of  the  <  lode  of  Virginia,  so  far  as  the  same  are  not  in 

conflict  with  this  act.  shall  be  held  and  deemed  a  part  of  thi-  act. 


Chap,  96. — An  At  I  the  Charter  of  1 1 j <  Town  of  Union  in  the 

i        tv  1. 1  Mm 

- 

1.  ubly.  that  the  board  of  trus-  | 

■  if  the  town  of  Union  in   the  count}  of  Monro.,  f-hall  annualh 
appoint  a  -  i   town,  whme  duty  it  nhall  lie  to  collect  all 


190 


TOWNS. 


table 


Bondtobe  1 1 1 « -  town  taxes,  levies  and   fines.      Ee  shall  give  bond  anil  security, 

to  be  approved  by  the  board,  in  the  penalty  of  two  thousand  dollars, 
payable  to  the  commonwealth,  conditioned  for  the  faithful  perform- 
ance of  his  duties  a>  Mich  sergeant,  and  shall  take  the  Beveral  oaths 
prescribed  by  law  for  other  officers,  to  be  administered  by  or  in  the 
presence  of  said  hoard:  a  minute  whereof  shall  be  recorded  by  the 
board.  And  thereupon  the  said  sergeant  shall  have  all  the  powers 
and  be  liable  to  all  the  liabilities  of  a  constable:  and  may  act  in  all 

civil  and  criminal   cases  to  the  same  extent  a<  a  constable;   and   his 

bond,  when  approved  of  as  aforesaid,  Bhall  he  recorded  by  the  board, 

and  tiled  witli  the  clerk  of  the  enmity  court  of  Monroe  county  for 
safe  keeping,  and   may  he   put    in   suit  from  time  to  time  in  the  same 

How  proceeded  manner  as  constables'  bonds  are  put  in  suit.  Upon  a  failure  to  col- 
led the  taxes  or  lims  ef  .sdd  town,  or  tor  failing  to  pay  the  same 
over  according  to  law.  the  board  of  trustees  or  other  person  aggrieved 

Bhall  have  power  and  authority  to  proceed  upon  said  bond  in  the 

circuit  or  county  courts  of  the  county  of  Monroe,  by  motion  or  other- 
wise. All  persons  ami  property  resident  or  Mtuatcd  in  town  on  the 
first  day  of  February,  Bhall  he  liable  to  taxation  for  the  current  year. 


■gainal 


("ons'T--  . 

; 


jnHtiee 
of  the  | 


Hi.-'  Hilary 


Tatrols 


2.  That  each  member  of  said  board  shall  he  a  conservator  of  the 
peace  in  the  said  town,  and  for  one  mile  around  the  same.  The 
president  of  the  board  shall  he  mayor  of  the  town,  and  as  such,  shall 
take  the  oath  of  office,  and  the  oaths  prescribed  by  law  for  other 
officers,  before  or  in  the  presence  id*  said  hoard:  of  which  a  minute 
shall  he  made  upon  the  proceedings  of  the  hoard.  The  mayor  shall 
have  all  the  jurisdiction  of  a  justice  id'  the  peace  in  both  civil  and 
criminal  cases,  except  lie  shall  DOt'sil  11)1011  the  bench  of  the  county 
court:  reserving  to  the  parties  the  same  right  of  appeal  from  his 
judgment  that  they  have  from  the  judgment  of  a  justice,  lie  -hall 
also  he  entitled  to  the  same  i'ver'  for  taking  depositions,  the  acknow- 
ledgment of  deeds,  and  so  forth,  which  arc  allowed  to  justices,  and 
may  lie  allowed  a  sum  for  his  services  by  the  board  not  exceeding 
fifty  dollars  per  annum. 

3.  The  board  of  trustees,  instead  of  the  county  court,  Bhall  have 
power  to  .appoint  patrols  in  and  for  said  town,  and  for  one  mile 
around  the  same. 


comm.nccmont      4.    This  act  shall  be  in  force  from  its  passage. 


Chap.  96. — An  ACT  amending  the  third  section  of  an  act  entitled  an  act 
incorporating  the  Town  of  Portsmouth  as  a  City,  passed  March  1, 1858. 

Passed  March  18,  1861. 

Act  of  1858  I-     Be  it  enacted  by  the  general  assembly,  that  the  third  section  of 

an  act  passed  March  the. first,  eighteen  hundred  and  fifty-eight,  enti- 


TOWNS.  191 

tied  an  act,  incorporating  the  town  of  Portsmouth  as  a  city,  be 
amended  and  re-enacted,  so  as  to  read  as  follows: 

"§.'}.    The  said  COUrt   shall   have  jurisdiction,  and  the  major  and  Powers  of  court 
aldermen  shall  each  have  the  powers  of  a  justice  of  the  peace  within  mayoress1 
said  corporate  limits,  and  every  part  thereof,  for  matters  arising  i,1'1"nncn 
within  the  Bame,  according  to  the  laws  of  the  commonwealth,  in  the 
same  manner,  and  to  the  Bame  extent,  and  under  the  same  laws, 
rules  and  regulations,  thai  the  county  courts  of  this  commonwealth 
now  have  and  are  now    Bubject  to,  or  as  they  may  hereafter  have  or 
be  subjected  to  by  law.     And  the  said  court  shall  also  have  jurisdic- 
tion, and  the  said  mayor,  recorder  and  aldermen  shall  also  each  have 
the  powers  of  a  justice  of  the  peace,  not  only  within  the  said  corpo- 
rate limits,  but  lor  the  space  of  one  mile  without  and  around  every 
part  of  the  southern  and  western  boundaries  of  said  city ;  and  also 
extending  on  the  northern  boundary  to,  and  including  the  waters  of 
the  Elizabeth  river,  for  matters  arising  within  the  same,  according 

to  the  laws  of  the  commonwealth.      And  furthermore,  the  said  COUXt  Jurisdiction  of 

shall  have  concurrent  jurisdiction  with  the  city  and  county  of  Nor- court 
folk  ever  die  waters  of  the  harbor  and  southern  branch  of  the  Eliza- 
beth river:   and  any  presentment  made  in  said  court  by  a  grand  jury, 
for  an  offence  against  said  laws,  committed  within  the  jurisdiction 

thereof,  may  be  prosecuted  in  said  court  in  like  manner,  and  the  like 
proceedings  be  had  thereon  as  in  the  county  courts  of  this  common- 
wealth.    The  members  of  the  said  court  of  hustings  shall  consist  of  Of  what  number 

twelve  other  than  the  mayor,  of  whom,  until  the  council  shall  other- 
wise pr<  BCribe,  there  shall  be  six  fur  each  ward." 

2.    This  act  shall  be  in  force  from  its  passage.  Commencement 


(  hap  97. —  *v ti  ACT  to  incorporate  the  Town  of  Bathbone  in  the  County 

of  Win. 

■1    \pril2,  1861. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  town  of  Rath-  Rat&boM 

in  the  county  of  Wirt,  a-  the  same  ha-  been  ami  shall  be  laid1'""'1 
off  into   lot  ami   alleys,  aj   follows:    Beginning  at    the  lower  BonndariM 

end  of  the  tract  of  land  now  owned  by  William  I',  and  .1.  ('.  Kath- 
Done,  wImtc  said  tract  touches  the  Little  Kanawha  river:  thence 
leading    said   river  with    said    Rathbones1   line,.    t«.    their   back   line; 

e  with  their  several  bach  lines,  to  the  intersection  of  the  same 

with  the  lands  of  J.  Y.  Bathbone  ami  others,  on  Burning  spring  run. 
the  tract  on  which  -aid  .1.  V.  Rathbone  now  resides;  thence 
with  the  levi  ral  lim  -  .,f  Mid  Uttt  mi  ntmm-d  tra<  t.  to  the  point  w  ! 

it  ton  river;  tie;  river  with  its  meand< 

II  be.  and  the  ■  un  corp  : 


192  TOWN-. 

by  the  name  and  style  of  The  Town  ofRathbone;  and  by  that 
name,  shall  have  and  exercise  the  powers,  and  be  subject  to  all  the 
provisions  of  the  fifty-fourth  chapter  of  tin-  Code  of  Virginia!  exoepl 
so  far  as  herein  otherwise  provided. 

Offloen  2.    The  offioen  of  said  tOWD   shall  consist  of  a  mayor,   five  coun- 

cilmen  and  a  sergeant :  which  last  mentioned  officer  shall  have  the 
powers  and  perform  the  duties  of  a  constable  within  the  limits  of  Baid 
corporation,  and  within  one  mile  of  its  bonndarii 

lected  3.  vrin-  said  officers  shall  be  elected  by  the  white  male  inhabitants 

of  the  said  town  who  sh:iH  be  twenty-one  years  of  age  or  upwards, 
who  are  owners  of  land,  or  any  interest  therein,  in  fee  or  for  any 
term,  within  the  boundaries  of  the  said  town.  The  said  election 
shall  take  place  on  the  third  Saturday  in  April  annually;  and  the 
mayor  and  OOUncilmen  shall  continue  in  authority  until  the  third 
Saturday  in  April  in  each  successive  year,  and  until  others  shall  be 
qualified  in  their  stead,  and  no  longer. 


Mayor,  justice 


4.  The  mayor  of  said  town  shall  be  and  is  hereby  constituted  ex- 
officio  a  justice  of  the  peace  within  the  limits  of  the  said  town. 


Powers  of 
council 


5.    The  council  shall  have  power  to  appoint  a  police,  <>f  such  num- 
ber as  it  may  deem  proper,  for  the  purpose  el'  preserving  order  in  said 

town,  and  to  guard  against  lire,  and  protect  and  preserve  the  property 

in  said  town.  And  tor  the  purpose  of  enabling  the  council  to  carry 
out  the  provisions  of  this  act.  and  particularly  to  guard  againsl  the 

dangers  <>\  lire,  and  to  preserve  the  good  order  of  the  town,  the  coun- 
cil arc  hereby  authorized  and  empowered  to  levy  such  tax  on  all  the 
owner-  of  land,  or  of  any  intere.-t  therein,  within  the  boundaries  of 
said  town,  as  may  he  sullicient  for  that  purpose;  and  such  levies 
shall  he  a  lien  on  the  said  land  or  other  property  to  the  extent  of  the 
interest  of  the  persons  assessed  with  said  taxes  at  the  time  of  such 
assessment. 


'  !  unci 

alleys 


<!.  The  said  council  shall  not  have  power  to  lay  oil'  any  streets. 
Walks  OT  alleys  without  the  consent  of  the  owners  of  the  lands  through 
Which  the  same  pass,  and  all  persons  having  any  interest  in  such 
lands;  hut  nothing  herein  shall  impair  any  right  of  Way  existing  by 
the  common  law,  Or  any  contract. 


Provisions  of        7.  The  fifty-fourth  chapter  of  the  Code  of  Virginia  shall  be  held 

adopted  'and  deemed  a  part  of  this  act,  so  far  as  the  provisions  of  the  said 

chapter  are  not  in  conflict  with  the  provisions  of  this  act. 


Commencement       8.    This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject 
to  amendment  or  repeal,  at  the  pleasure  of  the  general  assembly. 


TOWNS.  I!):; 


Chap.  08. — Au  ACT  to  incorporate  the  Town  of  Independence  in  the 
Comity  of  Grayson. 

Pi  ued  Aprl]  8,  L861. 

1.  Ro  it  enacted  by  the  general  assembly  of  Virginia,  thai  the  Town  mcni 
village  of  Independence  in  the  county  of  Grayson,  as  the  same  has 
heretofore  been  laid  off  into  lots,  streets  and  alleys,  and  as  the  same 

may  hereafter  be  laid  off  into  lots,  streets  and  alleys,  be  and  the 
same  is  hereby  made  a  town  corporate,  by  the  name  of  Indepen- 
dence; and  by  that  name,  shall  have  and  exercise  the  powers  con- 
ferred upon  towns  by  the  fifty-fourth  chapter  of  the  Code  of  Vir- 
ginia, and  be  subject  to  all  the  provisions  of  the  said  chapter  of  the 
Code. 

2.  The  officers  of  tin-  said  town  shall  consist  of  five  trustees,  who  Officers 
shall  compose  the  council  (three  of  whom  may  act),  and  a  Bergeant, 

who  shall  hold  their  offices  for  one  year  and  until  their  successors 
are  appointed.     The  said  council   shall  have  power  to  pass  all  by-  Power*  oi 
laws  and  ordinances  for  the  government  of  the  said  town  that  tiny'" 
may  deem  proper,  and  also  to  provide  for  keeping  ihe  streets  in  or- 
der and  paving  the  same,  and  for  other  necessary  improvements;  for 
which  purpose  they  may  levy  such  lax  as  they  may  deem  necessary. 

•'!.    The  council  shall   elect  from  their  own  number  a  president,  President  oi 
who  shall  preside  at  all  the  meetings  of  the  council,  and  when  they  counci 
are  equally  divided,  shall,  in  addition  to  his  individual  vote,  give  the 
casting  vote  :  and  lie  shall  be  invested  with  all  the  powers  of  a  jus-  rowemof  jus- 
tice of  the  peace  within  the  precincts  of  said  town.  cc  °  ptM' 

4.  Alexander  M.    Davis.  Granville   II.   Mathews  and    Robert   H.'   ramk 
Huffman  shall  be  commissioners,  \\  1 1 o - ( ■  duty  it  shall  be  to  hold  an 
election  for  the  trustees  and  sergeant  on  the  fourth  Saturday  in  June 

teen  hundred  and  sixty-one. 

5.  This  act  shall  be  in  force  from  it-  |  Coxnmencemriit 


(  'iimv  M  —  A-    '  the  corporate  limits  of  the  Townoi 

'•urp. 

"        Tasned  Mar. 

I.    Be   it   enacted  by  the  general  assembly,  thai  the  eoiporat 
Limits  of  the  townoi  bYederiosatwrg  is  theoountyof  -  nia.'* 

Bretofore  established  by  law.  shall  be  and  tiny  an  ha 
tended  and  cnl;  nclndc  within  the  same  so  mncfa  land 

btkaging  to  tl  iter  power oom]  tttn 

13 


194 


T0WN8. 


i  •      following  boundaries,  vis :   Beginning  at  a  poinl  67  feel  v 

E.  fr"in  the  northeast  oorner  >t«>m-  (.f  tin-  present  boundary  of 
town  ;  :ii!(l  running  tin  nee  op  the  Rappahannock  river  twelve  hun- 
dred and  fifty  feet,  to  i  -tun.-:  thenoe  W.  fonr  hundred  ami 
sixty-sii  feet,  to  a  stone;  thenoi  8.  I  W.  three  hundred  and 
aty-seven  feet,  to  ■  stone;  thenoe  3.  hundred  and 
I  ;  feet,  to  a  Btone;  theno  3.  38  W.  two  hundred  and  eighty- 
five  feet,  to  a  stone;  thenoe  8.  25J  K.  one  hundred  and  forty-fbm 
feet,  to  a  stone  in  a  line  with  the  present  corporation  line;  '; 
with  said  line  N.  64J  I",  six  hundred  and  eighty  feet,  to  the  poinl 
■if  beginning  and  particularly  set  out  and  described  in  a  survey 
and  plat  mad.'  by  Carter  M.  Braxton,  dated  the  twenty-third  day  of 
January  eighteen  hundred  and  sixty-one,  and  deposited  in  the  clerk's 
office  of  the  corporation  court  of  1 1 » « •  said  town.    And  the  said  land. 

50  taken  into  the  limits  of  the  said  town,  shall  be  and  the  same  i< 
hereby  made  a   part  of  the   town  of    Fredericksburg,  and  Bubji 

the  same  by-laws,  rules  and  regulations,  as  if  the  same  had  been  in- 
eluded  within  the  original  limits  thereof;  and  shall  be  Bubjeot  to  the 
provisions  and  enactments  of  all  Buch  aets  of  the  general  assembly 
of  Virginia  as  have  from  time  to  time  been  passed  for  and  concern- 
ing the  said  town  and  its  inhabitants,  s'mee  the  same  was  established 

51  a  town. 

rownrx-nocmont      2.  This  net  shall  be  in  tune  from  its  passage. 


'''«•>  by 
act  of 


Bonndariei 


cn\!\  100. — An  ACT  amending  certain  acts  concerning  the  Town  of  Fori 
Royal  in  tl     ■  of  Caroline. 

i\.         •  .  binary  IS,  18 

I.   ]5c  it  enacted  by  the  general  assembly,  that  the  boundaries  of 
the  town  of  Port  Royal  in  the  county  of  Caroline,  established  by  an 

act  entitled  an  OCl  for  establishing  a   town   near   Key's  warehouse  in 

the  county  of  Caroline,  and  for  other  purposes  therein  mentioned, 
passed  in  September  seventeen  hundred  and  forty-four,  in  the  eigh- 
teenth year  of  the  reign  of  King  George  the  Second,  dial]  be  and 
the  same  are  hereby  defined  as  follows:  Beginning  at  the  water 
fence  on  the  land  belonging  to  the  heirs  of  John  II.  Bernard  de- 
ceased, and  extending  in  a  Btraighl  line  to  fifty  yards  beyond  the 
limits  of  the  vacant  lot  on  the  west  side  of  the  said  town.  b<  longing 
to  Charles  !•'..( :  ihhs :  running  thenoe  in  a  straight  line  on  the  south 
side  of  the  said  town  to  the  corner  of  the  vacant  lot  owned  hy  Dr. 
(  harles  Drquhart :  theme  ruining  in  a  straight  line  on  the  east  side 
of  said  town,  to  the  Rappahannock  river. 


lei  <,f  1839 

sttm-iuU'il 


•.'.    Be  it  further  enacted,  that  the  first,  second,  third,  fourth,  fifth 
and  sixth  sections  of  an  act  entitled  an  act  to  appoint  trustees  of  the 


TOWNS.  I  ') .", 

town  of  Port  Royal  in  the  county  of  Caroline,  with  certain  powers. 
passed  on  the  twenty-ninth  day  of  January  in  the  year  one  thousand 
eight  hundred  ami  twenty-nine,  ho  and  the  same  is  hereby  re-enacted 
and  amended  so  as  to  read  as  follows  :    That  Charles  Urquhait,  .lolin  Tin* 
B.  Lightfoot,  Thomas  C.  Burrows,  John  J.  Gravatt,  A.J.  Kendriok,  ■wK,toted 
a.  w.  Catlett.  W.  H.  Farinholt,  J.  M.  Shaddock  and  c.  B.  Page  be 
and  they  are  hereby  appointed  trustees  of  the  said  town  of  Port 
Royal,  who,  before  entering  opon  the  duties  of  their  office  under  the  Oath 
authority  of  this  act,  Bhall  respectively  take  an  oath  or  make  solemn 
affirmation  before  some  justice  of  the  peace  of  the  county  of  Caro- 
line, well  and  truly,  faithfully  and  impartially  to  do.  exeoute  and 
perform  the  duties  of  tlieir  several  offices,  as  prescribed  bj  this  act, 
to  tlie  best  of  their  skill  and  judgment,  and  shall,  after  taking  such 
oath  or  making  such  affirmation,  proceed  to  choose  of  their  own  ■ 
body,  one  person  to  preside  at  their  meetings,  and  give  die  casting 
vote  .-it  any  legal  meeting  of  the  trustees  of  the  said  town,  whenever 
they  are  equally  divided:   and  in  the  event  of  the  death,  legal  disa-  Vscanclei 
hility.  resignation   or   removal   out  Of  the   said   town  of  any  one  or 
more  of  the  said  trustees,  it    shall   he  lawful  for  the  resident-'  of  the 

said  town  qualified  to  vote  tor  all  officers  elective  by  the  people  under 
the  constitution  of  the  commonwealth,  to  meet  al    some  convenient 
place  therein  (to  he  appointed  by  one  or  more  of  the  remaining  trns- 
: hereof),  and   from  time  to  time  by  their   ->:  >4  which 

place  of  meeting  at  least  tin  days'  previous  notice  shall  he  given), 
and  then  and  there  elect,  by  viva  voce  vote,  a  suitable  person 
or  persons  fco  fdl  such  vacancy  or  vacancies:  and  such  trustee  or 
trustees  so  elected  shall,  after  taking  an  oath  or  making  s  solemn 
affirmation  before  some  justice  of  the  peace  of  the  county  of  Caro- 
line, well  and  truly,  faithfully  and  impartially  to  do,  execute  and 
perform  the  duties  of  the  office  of  trustee  as  aforesaid,  as  prescribed 
by  this  act.  to  the  best  of  hi-  or  their  si<jii  and  judgment,  shall  be 

•1  with  as  full   and   complete   authority  to  the  duties  of 

the  isid  office  of  trustee  as  aforesaid,  as  if  he  or  they  had  been  ap- 
pointed by  this  act. 

:t.   The  person  so  elected  president  of  the  hoard  of  trust) 
■foresaid,  shall  hereby  invested  with  the  powers  and  autho- 

rity of  ■  justice  of  the  peace  within  the  said  town,  and  a  mil  : 

orporate  limits  thereof,  to  have  and  to  tho  Mke  juris- 

diction in  all  ca-«  -  whatsoever,  originating  within  the  said  limits, 

t   the  com  .  but   acth;  der 

the  by-laws  and  ordinances  of  the  said  town,  i  the 

;<■  or  ,,f  the  r-  with  the 

general  laws  (,f  the  land  :   particularly   - m  li  n   the  duties  of 

\lld    It    I-    '  .•    'lie   duty   of 

iideni  -  all 

disturl  rly  conduct  within  the  said  limits,     lie 

-hall  al-"  1  '.  tannine  all  pn 


196 


TOWNS. 


outu  and  controversies  erieing  under  the  by-laws  end  ordi- 

nances, impose  Gnat,  and  bane  executions  for  their  collection,  and 

may  commit  to  the  jail  of  the  said  county  till   said   fines  arc   paid. 

parties  the  right  of  appeal  to  the  oounty  oonrl  of  Cam- 
line.  In  all  oases  whateTei  wherein  the  fine  or  other  matter  or  thing 
shall  exceed  the  sum  of  ten  dollars,  appeals  shall  be  taken  in  the 
same  tune  and  manner  and  upon  the  same  terms,  that  appeals  arc 
now  taken  by  law  from  judgment!  of  a  single  justice  of  the  peace. 


jaii  4.  For  the  purpose  of  carrying  into  effect  the  ponce  regulations 

of  said  town,  the  said  trustees  and  their  successors  in  office  shall  be 
allowed  the  use  of  the  oounty  jail  of  Caroline  county  for  th< 
keeping  and  confinement  of  all  persons  who  shall  be  sentenced  to 
imprisonment  under  the  ordinances  of  said  town. 


i 

called 


Subject  to 

.  •:  laws 


."i.    The   presiding  Or  any  tWO  Of   said  trustees  shall  have  power  to 

call  a  meeting  of  said  trustees  so  often  as  occasion  maj  require; 
which  meeting  shall  be  composed  of  five  members  at  least,  including 

the  president,  or  in  his  absence,  a  president  pro  tempore,  elected  by 
any  four  of  said  trustees  who  may  be  present,  and  all  questions  be- 
fore a  meeting  of  said  trustees  shall  he  decided  by  8  majority  of  the 
trustees  present,  each  having  one  vote,  except  the  person  who  pro- 
sides,  who  shall  vote  only  when  the  others  are  equally  divided. 

G.  The  trustees  of  the  said  town  shall  have  and  exercise  the 
powers  conferred  upon  towns  hy,  and  he  subject  to  the  provisions  of 
the  fifty-fourth  chapter  of  the  Code  of  Virginia,  so  far  as  the  provi- 
sions of  said  chapter  are  not  in  conflict  with  the  provisions  of  this 
act. 


Power  t«i  levj 
taxes 


7.  The  said  trustees  thus  constituted  shall  have  power  to  S6I 
and  collect  an  annual  tax  within  the  said  town,  for  the  purposes  be- 
fore mentioned,  on  all  such  property  as  is  now  subjected  to  taxation 
Rateof  taxation  by  the  revenue  hiws  of  this  commonwealth  :  provided,  that  the  tax 
on  real  estate  shall  not  exceed  in  any  one  year  fifty  cents  on  every 
hundred  dollars  value  thereof,  and  twenty-live  cents  on  all  tithahlcs 
within  said  town  :  and  provided  also,  that  the  tax  tube  imposed  on 
all  other  property  and  inhabitants  of  said  town,  subject  to  taxation 
as  aforesaid,  shall  not  exceed  the  taxes  on  the  like  subjects  now  im- 
posed by  the  revenue  laws  of  this  commonwealth,  unless  such  excess 
shall  have  been  authorized  by  a  majority  of  the  inhabitants  of  the 
said  town,  and  qualified  as  aforesaid  to  vote  for  the  trustees  thereof. 


ble,  how 
appointed 


b.   The  said  trustees  shall  have  power  to  appoint  a  constable  or 

town  collector,  who  shall  have  and  possess  the  like  right  of  distress 

and  powers  of  collecting  the  said  taxes,  service  and  return  of  pro- 

arjaing  under  the  authority  of  this  act,  and  of  any  by-law  made 

in  pursuance  thereof,  and  shall  be  entitled  to  the  same  or  like  fees 


TOWNS.  1  07 

and  commissions  as  sire  allowed  by  law  to  comity  constables  fnr  simi- 
lar duties  :iik1  services.  The  said  constable,  or  town  collector  shall  To  execute 
execute  bond  with  Approved  security,  in  such  penalty  as  Bald  trustees  0D 
may  deem  necessary,  payable  to  tliem  ami  their  successors  in  office, 
conditioned  for  the  faithful  discharge  of  his  duties  ami  payment  over 
of  said  taxes  ami  other  moneys  by  him  collected  or  received  in  virtue 
of  bis  said  office ;  and  he  and  bis  securities,  Ids  and  their  executors 

and  administrators,  shall   he    subject  to  BUoh    proceedings,  by  motion 

or  otherwise,  before  the  county  court  of  Caroline,  for  enforcing  pay- 
ment of  Mich  taxes  or  other  moneys  by  him  collected  or  received  as 

aforesaid,  at  the  suit  or  motion  of  the  said  president  and  trustees,  or 
other  person  entitled.  ,-is  collectors  of  county  levies  arc  by  law  sub- 
ject to  for  enforcing  payment  of  the  levies  by  them  collected. 

9.  In  case  of  the   misconduct  of  any  officer  of  the  said  town  ap-  iv,wrr  tore 
pointed  by  the  trustees  thereof,  under  the  authority  of  this  act.  they  """"  ' ' 
the  said  ti  '1  have  power  to  remove  the  offender,  and  supply 

the  vacancy  thereby  occasioned  :  and  in  case  of  vacancy  in  the  office 
of  trustees  of  said  town,  such  vacancy  may  be  filled  within  thirty 
days,  by  an  election,  as  in  the  first  instance,  made  by  the  qualified 
Voters  of  the  said  town  as  aforesaid. 

10.  In  order  the  better  to  determine  what   persons   arc  liable  to  who  liable  to 
taxation  in  said  town,  it  is  hereby  declared  that  all   persons  liable  to  ,axatI0n 
taxation  as  herein  before  provided,  and   residing  in  said  town,  annu- 
ally, fin   the   first  day   of  February,  -hall   be  subject   to  taxation  the 

then  current  year. 

11.  All  fines,   penalties  and   amercements,   ami   other  moneys  re-  r 
Oeived  or  raised  by  virtue   of  this  act.  and   not    otherwise  directed  to 
be  applied,  shall  be  at  the  disposal  of  the   president   and  trustees,  for 
the  ue  and  benefit  of  the  said  town. 

12.  Tim  act  shall  be  in  force  from  its  passage.  rnmniPDcrmont 


Coat   101. — An  LI   I  ding  tbe  second  section  of  a 

I  !  ,        ■  ■!  April  (i.  !  - 

PanK.l  February 

l.    Be  it  blv.  that  the 

of  an  act  cntithd  an  act  incorporating  the  town  of  Bethany,  pa 
April  the  sixth,  eighteen  hundred  and  fifty-three,  be  amended  and 

■ 

The  officers  of  said  town  shall  consist  of  nine  trustees  (fivi 
of  WDM!  I  nd  chall  hold 


L98 


TOWNS. 


their  ofSoei  for  mm  year  ami  until  their  successors  are  appointed, 
and  a  sergeant,  who  shall  be  elected  annually.  The  said  Bergeanl 
shall  have  power  to  perform  the  duties  of  a  constable  within  the 
limits  of  Brooke  county,  and  shall  be  subject  to  the  liabilities  and 
penalties  imposed  upon  a  constable  by  the  Code  of  Virginia,  and 
shall  give  such  bonds  as  shall  be  required  by  the  board  of  trustees  of 
the  town  of  Bethany." 

Com:  '.'.   This  act  shall  be  in  force  from  its  passage. 


( 'ii  ip.  102. — An  A(  "I'  to  incorporate  the  Town  «(  Cameron  in  tin-  County  of 

Marshall. 


orated 


Passed  i'i  binary  1 1. 1861. 

1.   lie  ii  enacted  by  the  general  assembly,  that  the  town  of  Came- 
ron in  the  county  of  Marshall,  as  the  same  has  been  laid  nil'  into  hits. 

streets  and  alleys,  and  as  the  same  may  he  laid  off  into  lots.  Btreets 
and  alleys,  shall  he  and  the  same  is  hereby  made  a  town  corporate, 
by  the  name  of  The  Town  of  Cameron  ;  and  by  that  name,  shall  have 
and  exercise  the  (lowers  conferred  upon  towns  hy.  and  he  suhject  to 

the  provisions  of  the  fifty-fourth  chapter  of  the  Code  of  Virginia. 


■ 


Duties  of 
mayor 


Powern  of 
council 


2.  The  officers  of  said  town  shall  consist  of  a  mayor,  live  council- 
men  and  a  sergeant,  who  shall  have  the  power  and  perform  the  duties 
of  a  constable  within  the  limits  of  said  corporation;  all  of  whom  shall 
he  elected  hy  the  white  male  inhabitants  of  said  town  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  been  resident  of  said 
town  six  months  and  of  the  state  one  year  preceding  the  election. 
The  said  election  to  take  place  on  the  tir.-t  Tuesday  of  April  annu- 
ally ;  ami  the  mayor  and  councilnien  shall  continue  in  authority  until 
the  first  Tuesday  in  April  of  each  year,  or  until  others  shall  he  elected 
and  qualified  in  their  stead,  and  no  Longer. 

3.  The  mayor  shall  preside  over  the  meetings  of  the  oounoilmen, 

and  sliall  sign  all  ordinances  and  hy-laws  enacted  hy  the  same,  hut 
shall  have  no  vote  except  in  case  of  an  equal  division  among  the 
eouneihnen.  when  his  vote  shall  decide,  lie  shall  have  the  powers 
and  duties  of  a  justice  of  the  peace  within  the  limits  of  the  corpora- 
tion, and  in  respect  to  all  cases  arising  under  the  corporation  ordi- 
nances and  by-laws,  and  before  he  enters  upon  his  duties  shall  take 
the  oath  prescribed  hy  law. 

4.  The  oounoilmen  shall  have  power  and  authority  to  appoint  an 
alderman,  who  may  or  may  not  he  a  member  of  the  hoard  of  coun- 
cilnien, who  sliall  have  and  exercise  all  the  powers  of  the  mayor  in 
his  absence  :  to  establish  and  lay  out  streets,  lanes  and  alleys  in  said 


TOWNS.  199 

town,  by  ami  with  the  consent  of  the  county  court;  and  the  same 
which  may  be  and  arc  now  opened,  t<>  name,  improve  and  keep  in 
order,  tn  pave  the  same,  and  for  other  necessary  improvements;  for  Taxation 
Which  purpose  they  may  levy  SUOb  tax  as  they  may  deem  necessary: 
and  in  consideration  thereof,  the  citizens  of  said  town  are  hereby  ex- 
empted from  working  on  the  county  roads  of  Marshall.  They  shall 
license  and  regulate  shows  and  public  exhibitions  within  the  limit-  of 

said  town,  and  the  same  to  tax  in  such  reasonable  manner  any  amount 
they  may  deem  expedient  :  and  finally,  to  make  all  such  ordinances  Order  and  good 
and  by-laws,  not  inconsistent  with  the  laws  of  the  United  States  or 
of  this  state,  they  may  deem  necessary  and  proper  for  the  good  go- 
vernment of  the  said  town;  for  restraining  injury  to  property,  str< 
lams  and  alleys  of  the  town,  and  for  the  prevention  of  riotous  and 
disorderly  conduct  within  the  town  limits,  fines  and  penalties  not  ex- 
Oeeding  twenty  dollars  for  any  offence,  to  he  recovered  with   CO 

which  sums,  so  recovered,  shall  l>e  paid  into  the  town  treasury.    They  Officer* 

shall  have  power  annually  to  elect  a  sergeant,  with  one  or  more  I 
gistants,  and  a  treasurer,  removable  at  their  pleasure  for  misconduct, 
who  shall  respectively  execute  to  the  said  councilmen  bonds  with  good 
security,  for  the  faithful  performance  of  their  duties.     The  said  ser-  Dm  • 
geant  shall  execute  the  lawful  mandates  of  the  said  eouiieilnien  and 
of  the  mayor,  and  shall,  to  the  best  of  his  ability,  preserve  the  peace 
and  good  order  of  the  town,  and  shall  receive  such  compensation  as 
tie-  COUncilmen  may  allow.      The  said  treasurer  shall   also  discharge  Dutl 
all  the  duties  required  of  him  by  the  said  councilmen  in  relation  to 
receiving  and  disbursing  all  moneys  of  said  corporation.     They  the 
councilmen  shall  also  have  power  to  assess  find  collect  an  annual  tax- 
within  the  town  for  the  purpose  before  mentioned,  on  all  such  pro- 
perty as  is  now  subject  to  taxation  under  the  revenue  laws  of  the 
commonwealth,  except   such  lands  as  may  he  included  in  the  corpo- 
rate limit-,   not  laid  off  into  lots,   transferred  and  numbered  :    pro-  B 
vi.h  .1.  that  the  tax  on  real  estate  shall  not  exceed  in  any  one  year 
fifty  o  nt-  "ii  every  hundred  dollars  th<  reof;  and  the  tax  on  each  tax- 
aide  inhabitant  of  said  town  shall  not  exceed  one  dollar:   ami  pro- 
viih  d  also,  that  the  taxes  imposed  upon  all  other  property  or  inhahi- 
Of  said   town  shall    not  exceed   the  taxes  imposed   upon  the  like 

subjects  by  the  n  venue  laws  of  this  commonwealth,  unless  sucl 

ball  have  been  authorized  in  writing  by  two-thirds  of  the  taxa- 

hle  inhabitants  of  said  town  qualified  to  vote  for  councilmen.    ,\p- 

ihall  lie  from  tin'  decision  of  the  mayor  in  all  cases  in  which  he 
■hall  act  in  the  capacity  of  a  justice  of  said  town,  in  the  same  man- 
lier that  appeal!   lie  and   may  he  taken  from  the  •: 

id  county  of  Marshall. 

.">.     Pot  the   pnrp-.  •   the  police  regulati 

1   town  of  Cameron,  tin    town   shall  lie  allowed  the  use  of  the 

county  jail  of  Marshall  count;.  previously  obtained  the  . 

ity  court,  for  the  safe  k<  i  ping  and  <  onfim  m<  at  of  all 


200 


h'V,  MS. 


persons  who  shall  be  Bentenoed  to  imprisonment  under  the  ordinances 
id  town;  and  all  persons  so  confined  shall  bo  under  the  charge 
and  custody  of  the  sheriff  of  said  county,  who  shall  reoeiye(  keep  and 
disohaige  in  snob  manner  aa  shall  be  prescribed  by  the  ordinanoei  "i 
said  town,  or  otherwise  be  discharged  by  due  course  of  law. 


•ii  inperlntend 


6.  S.  B.  Stidger,  John  Elliott,  James  Et.  Bell,  William  McCo- 
nanghey  and  William  'J'.  Head  arc  hereby  anthorised  to  hold  aa 
election,  agreeably  to  the  aforesaid  charter,  for  said  officers  <»n  the 
firs!  Tuesday  of  April  next,  at  the  office  of  James  R.  B<  11,  Esquire, 

in  said  tuwii:   any  three  of  whom  may  act. 


Commencement       7.    This  act  shall  he  in  force  from  its  passage. 


amended 


Chap.  103.— An  ACT  to  amend  the  act  of  27th  March  1  658,  incorporating 
the  Town  of  Frankfurt  in  Greenbrier  County. 

Pasnr.1  February  12,  L86L 

1.  Be  it  enacted  hy  the  general  assembly,  that  the  second  section 
of  an  act  passed  March  twenty-seventh,  eighteen  hundred  and  fifty- 
eight,  entitled  an  act  to  incorporate  the  town  of  Frankfort  in  the 
county  of  Greenbrier,  be  amended  and  re-enacted  so  as  to  read  as 
follows  : 


How 


: »H t   to 

bond 


"  §  2.    The  officers  of  the  said  town  shall  consist  of  a  mayor,  five 
oouncilmen  and  a  Bergeant,  who  shall  have  the  powers  and  perform 

the  duties  of  a  constable  within   the  limits  id'  said   OOnnty,  who  shall 

he  elected  hy  the  white  male  inhabitants  of  the  said  town  of  the  age 
of  twenty-one  years  and  upwards,  who  shall  have  been  residents 
thereof  si\  months  and  of  the  state  two  years  preceding  the  election. 
The  said  election  shall  take  place  on  the  first  Saturday  in  June  an- 
nually, and  the  mayor  and  eouncihnen  shall  continue  in  authority 
until  the  first  .Saturday  in  dune  in  each  successive  year  and  until 
others  shall  he  qualified  in  their  stead,  and  no  longer:  provided, 
however,  that  said  Bergeant  shall  not  act  as  constable  until  he  enter 
into  bond  in  the  penalty  of  two  thousand  dollars,  conditioned  accord- 
ing to  law  as  in  other  cases  of  constables,  with  two  or  more  securi- 
ties, to  be  approved  of  by  the  county  court,  and  shall  have  taken  the 
oaths  prescribed  by  law.  Thereupon  he  shall  have  all  the  powers 
and  shall  be  subject  to  sill  the  responsibilities  of  a  constable." 


Com noemenl       2.    This  act  shall  be  in  force  from  its  passage. 


TOWNS.  201 


Chap.  10}. — An  ACT  to  provide  for  a  Special  Election  in  the  Town  of 
Miiion  in  i  lie  County  of  Smyth. 

Pasted  Marco  68,  1861. 

1.  Be  it  enacted  by  the  general  assembly)  thai  it  shall  be  lawful  commissioners 
for  George  S.  Venable,  James  M.  Pruner  and  William  Francis,  who 

are  hereby  appointed  oommissioners  for  thai  purpose,  to  cause  a  poll 
to  be  opened,  and  superintend  the  same,  on  the  fifteenth  day  of  April 
next,  or  sixty  days  thereafter,  in  the  town  of  Marion  in  Smyth  county, 
for  the  (diction  of  seven  trustees  for  said  town,  to  be  voted  for  by  the  Election  pro- 

vidofl  for 

inhabitants  of  said  town,  who  are  qualified  to  vote  under  the  charter 
of  the  said  town:  of  which  election  notice  shall  he  given  hy  the 
sheriff  of  said  county  (who  shall  conduct  the  Said  (lection)  at  leasl 
fifteen  days  previous  to  the  holding  of  said  election;  and  said  com- 
missioners shall  certify  the  result  to  such  person  as  is  appointed  to 
receive  and  ]nv-rr\i'  the  papers  and  records  of  said  town.  The  Power  ol 
trustees  so  elected  shall  have  all  the  powers  and  privileges,  and  be 
Bobji  ct  to  the  same  rules  and  qualifications  prescribed  for  trustees  re- 
gularly elected  under  the  charter  of  said  town:  and  thereafter  elec- 
tions for  oflicers  of  said  town  of  Marion  shall  he  as  provided  for  by 
the  charter  of  said  town,  passed  March  fifteenth,  eighteen  hundred 
and  forty-nine. 

2.  This  act  shall  he  in  force  from  its  passage.  Commencement 


f 'ii  \v    105. — An  ACT  authorising  the  City  of  Portsmouth  to  issue  Coupon 

Bond--. 

Passed  March  18,  1861. 

1.  T'e  it  enacted  by  the  general  assembly,  that  whereas  it  is  repre- 
sented that  the  common  council  of  the  city  of  Portsmouth  are  desi- 
rous of  issuing  coupon  bonds  for  the  liquidation  of  the  floating  debt 
of  said  city,  and  for  other  purposes,  it  shall  therefore  be  lawful  forcurof] 

1  common  council  of  the  city  of  Portsmouth  t<>  issue  her  ( 
pon  bondf  for  a  sum  not   exceeding  fifty  thousand  dollars,  in  sums  ,,f  ""l"'n '"'n'1-' 
not  lew  than  one  hundred  dollars  each,  and  bearing  interest  at  the 
rate  of  su   per  cut.  per  annum,  payable  semi-annually,  and  the 

principal  made  payable  at  snefa  time   and   place  as   the   said  COmmOO 

council  of  said  city  of  Portsmouth  shall  prescribe  :  provided  the  same  to  be  appwd 

shall  t  Mitt'  d  to  and  approved  by  th< 

i  ;ty. 

.unci]  (if  said  <ity  of  Portsmouth  are  authorised  i  .<•-  bow 
to  lev)  'id  colled  such  I  ry  for  paj  ii 

the  mi'  r»  -t  and  redeeming  the  prim  ipal  of  any  coupon  bonds  issued 

and  ii<  .    hated  under  the  pr.. 

t,    I         at  -hall  be  in  force  Ann  comment 


202 


RAIL    ROADS. 


Chap.  L0&— An  ACT  u>  inoorpocate  the  Preston  and  Augusta  Bail  Boad 

Company. 

Passed  March  90, 

Books,i/-«-  1.  Be  it  enacted  by  the  general  assembly,  thai  it  shall  be  lawful 
commissionerH  to  open  1 ka  iii  the  county  of  Preston,  under  the  direotioD  of  Wil- 
liam 6.  Ib-own.  I  i<  >lnrt  B.  Cowan,  James  C.  MoGrew,  John  J.  Brown 
and  John  A.  Dille;  in  the  town  <>t  Staunton,  onder  the  direction  of 
John  I>.  [mboden,  Alexander  11.  II.  Stuart,  Alexander  P.  Kinney, 
Bugh  W.  shell',  y  and  Bolivar  Christian;  and  in  such  other  places, 
under  the  direction  of  Buoh  persons  as  a  majority  of  the  aforesaid 
Commissioners  may  designate,  I'm-  the  purpose  of  receiving  subscrip- 
tions to  the  amount  of  eighteen  hundred  thousand  dollars,  in  shares 
of  fifty  dollars  each,  to  constitute  a  joint  capital  Btock  noi  exceeding 
Routeofroad  twenty-live  hundred  thousand  dollars,  for  the  purpose  of  making  a 
rail  road  from  some  convenient  point  near  Portland  in  Preston  county, 
on  the  Baltimore  and  Ohio  rail  road,  by  the  most  eligible  route,  to 
connect  with  the  Virginia  Central  rail  road  at  or  near  Staunton  in 
Augusta  county. 


When  company 
iucorporati  d 


2.  Whenever  five  hundred  thousand  dollars  shall  have  been  sub- 
scribed, the  subscribers,  their  heirs  and  assigns,  shall  be  a  body 
politic  and  corporate,  under  the  name  and  style  of  The  Preston  and 
Augusta  Kail  Road  Company;  and  shall  be  subject  to  and  entitled 
to  the  benefits  of  the  existing  laws  regulating  incorporated  companies 
and  the  general  rail  road  law  of  the  commonwealth,  so  far  as  the 
same  may  be  applicable  to  and  not  inconsistent  with  the  provisions 
of  this  act. 


Companymay  3.  The  company,  on  authority  of  a  majority  of  the  stockholders 
borrow  monoj .  ,]|(.,.(,n|-  may  borrow  money  for  the  objects  of  this  act,  issue  certifi- 
cates or  other  evidence  of  such  loans,  and  to  make  the  same  convert- 
ible into  stock  of  the  company  at  the  pleasure  of  the  holder:  and  on 
the  same  authority,  to  execute  such  lien  or  mortgage,  or  provide  such 
other  security  for  said  loans  as  may  seem  expedient  and  legal. 


Comities  power 
to  subscribe 


4.  Any  county  or  corporation  along  the  route  of  the  rail  road 
shall  have  power,  under  authority  of  the  county  court,  or  council 
of  the  corporation,  to  subscribe  to  the  stock  of  such  rail  road  com- 
pany to  the  amount  which  three-fifths  of  the  legal  voters  of  such 
county  or  corporation  may  determine  at  the  polls  thereof,  respec- 
tively. 


Commencement       5.   This  act  shall  be  in  force  from  its  passage. 


RAIL    ROADS.  203 


Chap.  107. — An  ACT  authorizing  the  Norfolk  and  Petersburg  Ban  Road 
Company  to  construct  a  branch  of  their  road  to  some  point  on  the  North 
Carolina  line,  and  to  increase  its  capital  stock. 

Passed  January  96 

1.  Beit  enacted  by  the  general  assembly,  thai  the  Norfolk  and  Capital  stock 
Petersburg  rail  road  company  be  and  arc  hereby  authorized  and  em- 
powered to  enlarge  their  capital  stock  by  the  addition  of  one  hun- 
dred thousand  dollars  thereto,  for  the  purpose  Of  and  tO  be  expended 

in  the  construction  of  a  branch  from  their  road  to  some  point  on  the 
North  Carolina  line,  in  order  to  connect  with  the  proposed  Edenton  Proposed  road 
or  any  other  rail  road  of  North  Carolina:  provided  said  branch  road  Stockholder* to 
shall  not  he  constructed  until  previously  authorized  by  the  stock- 
holders in  the  Norfolk  and  Petersburg  rail  road  in  general  meeting: 
and  provided  further,  that   no  contracts  made  or  entered   into  for  the  Assett  of  exist- 
Construction  of  said  branch   road,  shall  in  any  manner  hind  or  he  chargeable 
chargeable   upon  the  property  and  assets   of   whatever  kind  of  tlie 
said  Norfolk  and  Petersburg  rail  road  company  as  now  organized  and 
constituted. 

2.  The  additional  capital  stock  herein  authorized  shall  he  raised  Subscription!, 
by  private  subscription,  or  the  subscription  of  individuals  and  cor- 
porate bodies  cither  than  the  state,  exclusively. 

.'{.    This  act  shall  he  in  force  from  its  passage.  Commencement 


CHAP.   1"-. — An  ACT  authorizing  the  Petersburg  Rail  Road  Company  to 
increase  its  ( lapital  stock. 

]  March  19, 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  New  stock, 

for  the  stockholders  of  the  Petersburg  rail  road  company,  in  general 

meeting,  to  increase  the  capita]  stock  of  said  company,  by  din toting 
the  iasoe  of  m -v.  stock  to  the  holders  of  the  present  stock,  to  such  an 

amount   a-  the  said  stockholders  in   general  meeting  may  think  (it  : 
provided   the  amount  of  Ul  w  stock    so  to  be  issued   shall  not    I  v  I  ed  Proviso 

one-half  the  amount  of  the  present  stock  of  said  company. 


I  "inpany.  if  the  stockholders  shall   so  direct,  shall   he  Prartions  of 

authorise  d  for  half  shan  -.  or  other  ft 

hall  b«  in  force  froi.  Commencement 


204 


i:\ir.   ROADS. 


Branch  autho- 
rized 


Chap.  10B. — An  ACT  to  authorise  the  Virginia  Centra]  Rail  Road  Company 
to  construct  ■  branch  of  theii  road  to  Lexington  in  the  County  of  Rock* 

1.  r»o  it  enacted  by  the  genera]  assembly,  thai  it  shall  lie  lawful 
for  the  Virginia  Centra]  rail  mad  company  in  construct  a  branch  of 
their  mad  to  Lexington  in  the  county  of  Rockbridge. 


Capital  stock 


Hoard  of  public 
W  ork-  not  to 
ribe 


i  >f  road 
not  chargeable 


Kara  in. 
plied 


2.  That  fur  this  purpose,  said  company  shall  have  power  to  in- 
crease its  capita]  stock  by  tin-  sum  of  live  hundred  thousand  dollars, 
in  shares  of  one  hundred  dollars  each:  provided,  however,  that  the 
Board  of  publio  works  .-hall  nut  he  authorized  to  subscribe  on  behalf 
df  the  commonwealth  for  any  pari  of  said  increased  capita]  stock: 
and  provided  further,  that  no  contracts  made  or  entered  into  fur  the 
construction  <>f  said  branch  road,  shall  in  any  manner  hind  or  he 
chargeable  open  the  property  and  assets  of  whatever  kind  of  the  said 
Central  rail  road  company  as  now  organized  and  constituted:  and 
provided  further,  that  no  part  of  the  earnings  or  funds  of  the  .-aid 
company  shall  he  applied  to  the  construction  of  said  branch  road, 
but  the  same  shall  he  constructed  entirely  out  of  the  new  slock  herein 
authorized. 


Commencement       3.    This  act  shall  be  in  force  from  its  passage. 


Company 
incorporated 


Capital  stock 


Chap.  110. — An  ACT  incorporating  the  Norfolk  County  Railway 

Company. 

Passed  February  35,  L8C1. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Thomas 

V.  Wchh,  Logan  Hurst,  ,1.  Carey  Weston.  .Marshall  Parks,  Leroy  G. 
Edwards  and  Arthur  Emmerson,  and  such  other  persons  as  may  he- 
come  associated  with  them,  their  successors  and  assigns,  are  hereby 
incorporated  under  the  name  .and  style  of  The  Norfolk  County  Kail- 
way  Company;  for  the  purpose  of  constructing  and  operating  a  rail- 
way from  some  poinl  on  the  harbor  of  Norfolk  and  Portsmouth,  or  on 
the  Elizabeth  river,  or  any  of  its  branches,  to  such  point  in  the  county 
of  Norfolk  as  said  company  may  determine;  and  hooks  of  suhscrip- 
tion  may  be  opened,  under  the  direction  of  the  aliove  named  per- 
sons, or  any  three  of  them,  for  the  purpose  of  receiving  subscriptions 
to  an  amount  not  less  than  fifty  thousand  dollars  nor  more  than  one 
million  of  dollars,  in  shares  of  one  hundred  dollars  each,  to  constitute 
the  capital  stock  of  said  company. 


Subscription  b, 
how  received 


2.    Uc  it  further  enacted,  that  said  company  may  receive  subscrip- 
tions to  the  capital  stock,  payable  in  lands;  and  acquire  and  hold  not 


KAIL    ROADS.  ■_'()"> 

exceeding  twenty  thousand  acres,  in  addition  In  the  quantity  allowed 
by  the  Code,  and  may  mortgage,  convey  <>r  pledge  their  lands,  fran- 
chises and  property  :  and  may  hold  and  employ  all  necessary  steam 
and  Other  boats,  vessels,  Wharves,  machinery  and  apparatus;   and  hi  Freight 

Consideration  of  the  expenses  of  building  and  maintaining  said  rail- 
way, may  demand  and  receive  sneli  compensation  I'm-  the  transporta- 
tion of  passengers  and  freight  and  for  the  use  of  their  property,  as 
now  prescribed  by  law ;  and  such  company  shall  not  forfeit  or  i 
any  of  their  corporate  rights  or  privileges  ■  provided  the  construction 
Of  said  railway  he  commenced  within  ten  years  from  the  passage  of 
this  net. 

3.  Be  it  further  enacted,  that  the  city  of  Portsmouth  and  the  city  citiei  of  Norfolk 
of  Norfolk  may  subscribe  to  the  capital  stock  of  said  company  any  ™*^^J£JJeth 
amount  not  exceeding  two  hundred  thousand  dollars:  provided,  be- 
fore the  same  is  done  by  the  councils  of  said  cities,  the  question  shall 
be  submitted  to  the  real  estate  ladders  of  said  cities;  a  majority  of 
three-fifths  of  whom  voting  at  the  time  in  favor  of  said  subscription, 
shall  be  deemed  sufficient  to  authorize  the  same;  and  the  councils 
shall  thereupon  make  such  subscription. 

■i.    Be  it  further  enacted,  that  should  the  said  cities,  or  either  of  Coupon  bondi 
them,  subscribe  to  the  capital  stock  of  the  said  company,  the  said'"'"'"""' 

cities,  or  cither  of  them,  may  issue  the  necessary  amount  of  six  per 
cent,  coupon  bonds  to  raise  money  to  pay  for  the  same. 

.">.    Be  it  further  enacted,  that  the  county  of  Norfolk  may  subscribe  Comity  of  Not 
to  the  capital  stock  of  said  company  any  amount  not  exceeding  two  'o1ra,"i:'"v '"'' 
hundred  thousand  dollars :    provided  before  the  same  is  done,  by 
order  of  the  court  of  said  county,  the  question  shall  be  submitted  to 
and   authorized   by  three-fifths  of  the  landholders  of  said    county 
voting. 

6.  Be  it  further  enacted,  thai  should  the  said  county  of  Norfolk  conpon  boad* 

subscribe  to  the  capital  stock  of  said   company,  the  Said   county  may '' "  ' 
issue  the  i  .mount   of  six   pet  cent,  coupon  bonds  to  raise 

money  to  pay  for  the  ?;\i\u-. 

7.  Tin-'  aet  .-hall  be  in  force  from  its  |  Commencement 


Chap,  mi— A  mend  sod  re-enact  the  1st  and  3d  sections  of  an 

I  ri   1..  tw<  mi   A,' 

passed  February  27th,  1- 

riiMfd  Kel.ninr.v  30,  I  i 
I-    !•<    it  «  n;i<  t«  .1  l.v   tie    e.  noral  assembly,  that  the  first  and  third 

I  company  t"  i 


nook*  of  nib- 

■ 


20C>  KAIL    B0AD8. 

struct,  mi  tlic  plan  of  Jamea  B.  French,  ;i  rail  road  between  Alexan- 
dria ami  Washington,  passed  February  twenty-seventh,  eighteen 
bandied  and  lift y-four.  be  amended  and  re-enacted  bo  at  to  read  as 

follows : 

"§  1.   It  ^h:ill  be  lawful  to  open  1 ks  of  subscription  at  the  i  -ity 

of  Alexandria,  under  the  direction  nf  Jamea  S.  Fn  noh,  John  W« 

Maury.   A.  J.   Marshall.  Cornelius  Boyle,   I  dgai 

Snowden  and  K.  W.  Latham.  01  any  tWO  of  them,  and  at  BUoh  other 

places,  under  the  direction  of  such  agents  aa  a  majority  of  the  above 
named  oommissionen  may  appoint,  for  the  pnrpoae  of  receiving 
anbacriptiona  to  an  amonnl  nol  ezoeeding  three  hundred  thousand 
dollars,  in  Bharea  of  one  hundred  dollara  each,  to  constitute  a  joint 
i tom  capital  Btock  for  constracting  a  rail  road  from  the  city  of  Alexandria 
in  the  state  of  Virginia,  to  the  city  of  Washington  in  the  district  of 
Columbia,  crossing  the  Potomac  at  some  eligible  point  between  the 

tWO  ei! 


■Iria  to 


Proceeding* of       "  §  3.    That  all  the  proceedings  of  the  Alexandria  and  Washing- 
deSarwfvaiid     ton  ,ili'  roa*l  company,  under  the  proviaions  of  the  said  act  passed 
February  twenty-seventh,  eighteen  hundred  and  fifty-four,  incorpo- 
rating the  said  company,  touching  the  constructing  and  operating  of 
rail  roads  on  the  plan  of  dames  s.  French,  are  hereby  declared  to  be 
Proviso  legal  and  valid :  provided,  thai  it  shall  not  be  lawful  for  said  com- 

pany to  connect  with  any  other  rail  road  terminating  within  the  cor- 
porate limits  of  the  city  of  Alexandria,  without  the  consent  of  the 
City  councils  thereof:   and    further,  that   the  said  company   shall  not 

permit  the  said  road  to  pasa  into  the  exclusive  possession  of  anj  cor- 
poration without  the  limits  of  the  commonwealth  of  Virginia:  and 
provided  further,  that  the  general  assembly  reserves  to  itself  the 
power  to  alter,  modify  or  wholly  repeal  this  act  at  il<  pleasure." 

M.-nccmout        2.    This  ad  shall  he  in  force  from  its  passage. 


Chap.  1 12. — An  ACT  to  incorporate  the  Burning  Springa  and  Oil  Line  Bail 
Road  <  lompany. 

i  March  15,  1861. 

commissioners  1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  he  lawful 
to  open  hooks  at  such  times  ami  places  as  may  be  deemed  expedient, 
under  the  direction  of  J.  <'•  Rathbone,  John  Branson,  15.  \v.  Bj  me, 
J.  N.  Camden.  \Y.  I*.  Rathbone,  A.  d.  Boreman  and  Daniel  EL. 

Neal.  or  any  three  id"  them,  or  tinder  the  direction  of  such   agent  Or 

agenta  as  the  said  commissioners  or  any  two  of  them  may  appoint, 

Capital  stock       fur  the  purpose  of  receiving  subscriptions  to  an  amount  not  less  than 

one  hundred  thousand  dollars  nor  more  than  five  hundred  thousand 


RAIL    ROADS.  207 

dollars,  to  be  divided  into  shares  of  fifty  dollars  each,  to  constitute 
the  capital  of  a  joint  stock  company,  for  the  purpose  of  constructing 
a  rail  road  from  Burning  springs  in  Wirt  county  to  Parkersbnrg,  or 

to  some  point  on  the  Northwestern  Virginia  rail  road  in  Wood 
county,  with  the  right  to  connect  ami  intersect  said  Northwestern 
Virginia  rail  road  at  or  near  Kanawha  station  in  Wood  county. 

■J.    Whenever  the  minimum  amount  of  the  said  capital  stock  shall  When  company 
have  been  taken,  the  subscribers,  their  heirs,  personal  representa-  """r|"'r 

hall  be  and  they  are  hereby  incorporated  and 
formed  into  a  body  politic  and  corporate,  under  the  name  and  style 
of  The  Burning  Springs  and  Oil  Line  Rail  Road  Company;  subject 
to  all  the  provisions,  ami  entitled  to  all  the  benefits  ami  powers  con- 
ferred by  the  Code  of  Virginia  upon  sueh  incorporated  companies, 
so  far  as  the  same  are  applicable  to  and  not  inconsistent  with  this  act. 

3.  The  said  company  shall  have  power  to  boiTOW  money  for  the  Compaa; 

purpose  of  carrying  out  the  objeel  of  this  act.  ami  to  issue  proper  money,0** 
certificates  or  evidences  of  such  leans,  ami  to  pledge  the  property 
thereof,  by  deed  or  otherwise,  for  the  same,  and  the  interest  that  may 
accrue  thereon.  And  the  said  company  may  construct  only  so  much 
of  the  -aid  mad  as  the  amount  subscribed  will  allow,  and  may  com- 
mence the  work  at  such  point  as  may  he  deemed  expedient. 

4.  Authority  is  hereby  given  to  any  incorporated  company  to  suh-  inrorr .,- 
scribe  to  the  stock  of  said  company.  ' 

."..    T<  ii  j  i  an  shall  be  allowed  the  said  company  to  complete  their  when  eomjpaay 
organization  and  begin  their  road.  ££ 

6.    This  act  shall  lie  in  force  from  its  passage,  and  shall  be  subject  rnmrnrfwuu 
to  modification  and  repeal,  at  the  pleasure  of  the  general  assembly. 


CHAT.  113. — An  ACT  amending  M  ithoridag 

tli"  Council  ol  Richmond  l 

Pat" 
1.    Be  it  My.  that  the 

of  th«  l  on  the  twenti.  th  day  of  1  i    ,;<!B*J 

in  act  to  authorise  the  oommi  EUoh- 

mond  to  authorize  persons  to  construct   rail 

'■ 

"  §  '-  -    authorize,!   hy   the   council  ofWWM 

Tarl  r"J  p0*dl 
:    111,  may.  with    the    BMMMBt    tt   the    eO«1    if    tlie 


208  RAIL  Roads. — TURNPIKES. 

comity  in  which  Midi  town  <>r  city  is  situated,  construct  rail  minis  in 
the  said  oounth is,  be  !»<•  osed  with  steam  at  hone  power;  or  the  court 

of  any  county  may  authorize  any  number  of  persons,  not  LeSS  llian 
three,  te  construct  such  rail  roads  in  Hue  said  counties:  provided, 
that  the  oompany  which  has  beea  authorized  l>y  the  council  of  Rioh- 
lnond  to  construct  rail  roads  ondei  the  aaid  tot,  shall  be  allowed  three 
months  ;iftcr  the  passage  of  this  act  to  commence  In  good  faith  their 
roads  in  the  county  of  Benrico,  before  the  county  court  of  the  said 
i  ounty  shall  grant  the  privilege  bo  other  persons:  and  provided,  thai 
"'  they  shall  complete  the  said  rail  reads  within  twelve  months  from 
their  commencing." 

Commena ■:■  2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  114.— An  ACT  granting  Rights  of  Way  to  Mining  and  Manufactu- 
ring Companies  in  this  Commonwealth. 

1  April  4,  1861. 

wiun  mining         1.  Be  it  enacted  by  the  general  assembly,  thai  any  person  or  per- 

S«itrSrtBraaBy   sons  or  mining  and  manufacturing  company,  owning  mineral  land? 

ill   any  of  the  counties  of  the  oommonwealth,  which  they  desire  and 

intend  to  use  for  the  purpose  of  mining  or  manufacturing  of  the 
minerals  therein,  may  construct,  with  the  consent  of  the  proprietor! 
over  whose  lands  they  pass,  suitable  rail  roads  from  the  said  lands  to 
any  other  rail  road  or  navigable  stream:  and  for  that  purpose,  tin 
parties  hereby  authorized  to  construct  said  rail  road,  shall  have  all 
subject  to  Code  the  powers,  rights  and  privileges  conferred,  and  he  subject  to  all  the 
duties  and  liabilities  imposed  upon  a  company  incorporated  for  a 
work  of  internal  improvement  by  the  fifty-seventh  chapter  of  the 
Code  of  Virginia  (edition  of  eighteen  hundred  and  sixty),  so  far  as 
they  may  he  applicable  to  the  rail  road  hereby  authorized.  That  the 
rail  roads  to  he  constructed  under  the  preceding  section  shall  not 
exceed  ten  miles  in  length;  and  if  the  parties  engaged  in  mining  or 
manufacturing  as  aforesaid  shall  cease  active  operations  for  a  period 
of  five  years  at  any  one  tiuie,  the  land  condemned  tor  such  rail  road 
shall  revert  to  the  former  owner,  his  heirs,  devisees  or  alienees. 

Commencement       2.   This  act  shall  he  in  force  from  its  passage,  and  shall  he  suhject 
to  any  modification  or  repeal,  at  the  pleasure  of  the  general  assemhly. 


Chap.  ll.">—  An  ACT  to  authorize  the  Wolf  Creek  Turnpike  Company  to 

reduce  the.  width  of  their  road. 

Passed  April   2,  1861. 

Width  of  road        1.   Be  it  enacted  by  the  general  assembly,  that  the  Wolf  creek 
may  i»-  reduced  turuiuke  couinany  shall  be  and  they  are  hereby  authorized  to  reduce 


TURNPIKES.  209 

the  width  of  their  road,  so  that  the  same  shall  not  he  loss  than  four- 
teen feet  wide,  and  to  construct  said  mad  at  a  grade  not  exceeding 
five  degrees. 

2.    This  act  shall  he  in  force  from  its  passage.  Commencement 


Chap.  116. — An  ACT  to  incorporate  the  Burning  Spring  and  Oil  Line 
Turnpike  Company. 

Pasted  March  LI,  1661. 

1.  Be  it  enacted  by  the  general  assembly,  that  for  the  purpose  of 
constructing  a  turnpike  road  from  Burning  spring  in  Wirt  county,  to 
any  point  in  Wood  or  Wirt  county,  as  the  company  hereby  incorpo- 
rated shall  determine,  it  shall  he  lawful  to  open  hooks  for  receiving  Books, how 
Subscriptions  to  an  amount  of  not  less  than  four  thousand  dollars'1 
nor  more  than  twenty  thousand  dollars,  to  he  divided  into  shares  of 
twenty-five  d"llars  each.  The  said  books  shall  he  opened  under  the 
direction  of  .T.  c.  Rathbone,  15.  W.  Byrne,  .T.  X.  Camden,  M.  Ed- 
miston.  W.  T.  Bland,  C.  I.  Moore,  John  V.  Rathbone,  Thomas  G. 
Smith,  J.  T.  Jackson,  John  J.  Jackson  and  G.  J.  Butcher,  at  such 
times  and  places  as  they  or  any  three  of  them,  or  any  agents  ap- 
pointed by  any  three  of  them,  may  select. 

2.    Whenever  the  minimum  capital  hereby  authorized  shall  have  Company 
been  subscribed,  the  BubscriberB,  their  executors,  administrators  and  incorPora  e 

as,  shall  he  a  body  corporate,  by  the  name  of  The  Burning 
Spring  and  oil  Line  Turnpike  Company;  in  strict  conformity  to  all 
law-  of  tin'  stati   of  Virginia  regulating  such  companies;  with  all 

the  powers,  and  Bubjecl  to  all  the  restrictions  imposed   by  said  laws, 
BO  far  BJ  said   laws  may  he  compatible  with  this  act  :   provided,  that  Kiimmrror 
sail!  company  shall  not   he  required  t<>  construct  any  summer  or  side  M  eroa< 
road.  DOT  to  pave  nor  OOVet  their  said  mad  with  .-tone  or  gravel  :   and 

the  width  of  said  road  may  be  only  sixteen  hit.  and  the  maximum 
grade  a-  much  as  fiv< 

•'{.    This  act  shall  he  in  force  from  its  passage.  .raencement 


(  bap  117.— An  LCT  amending  and  re-enacting  the  3d  the  Char- 

■▼ills  Turn]  I  .'I  -•.  l-i?. 

' 

l.   Be  it  enacted  by  tfa<  My,  thai  the  aecond  section  Act  of  wa 

of  tie  uty-tirst  day  <>f  February  eightei  n  hundred 

and  seventeen*  entitled  an  ad  in<"rj".:  mpany  to  establish 

N 


210 


II  KN PIKES. 


a  turnpike  road  from  1 1»» -  citj  of  Richmond,  crossing  the  Chiokahominy 
river  between  the  Meadow  and  New  bridges,  until  it  inters,  its  the 
Swamp  roadi  on  the  north  side  of  said  river,  be  amended  and  re- 
enacted  U  follows  : 

Company  "  §  2.   When  a  sufficient  number  of  shares  shall  have  been  sub- 

corpon  scribed,  the  subscribers,  tin  ir  heirs  and  assigns,  are  hereby  made  ;i 

body  politic,  by  the  name  of  The  Me*  bauiosville  Turnpike  Company; 
agreeably  to  the  ad  entitled  an  act  prescribing  certain  general  regu- 
lations for  the  incorporation  of  turnpike  companies :  provided,  that 
tin-  said  company  shall  not  be  required  to  make  any  summer  01 

mad.  nor  to  cover  the  same  with  gravel,  and   tliat  the  same  shall  not 

be  maintained  less  than  fort]  feet  wide:  and  provided  further,  that 
the  president  and  directors  of  the  said  company  Bhall  have  authority 
to  di\  ide  the  capita]  Btoch  at  any  time  into  Bhares  of  the  par  \  alne  of 

not    less   than    ten   dollars  each  :    and    provided    further,   that    if    the 

unanimous  consent  of  the  present  stockholders  is  obtained  in  general 

meeting,  within  si\   months  from   the  passage  <•(  this  act.   it   shall  1)0 

lawful  for  the  president  and  directors  to  require  from  the  stockholders 

from  time  to  time  such  advances  of  monej  on  their  respective  shares 

Kennedy  against   us  tin'  wants  of  the  company  may  demand;   and   if  any  stockholder 

shall  fail  to  pay  the  sum  or  quota  so  required  of  him  by  the  president 
and  directors,  or  a  majority  of  them,  within  one  month  after  written 
notice  of  the  same  Bhall  have  been  given  to  such  stockholder,  or  to  his 
legal  representative  or  representatives,  it  shall  and  may  he  lawful  for 
the  president  and  directors,  or  a  majority  of  them,  to  sell  at  public  auc- 
tion ami  to  convey  to  the  purchaser  the  share  or  Bhares  of  BUCh  Btock- 

holders,  giving  one  month's  notice  of  the  time  ami  place  of  sale,  in 
one  or  more  of  the  newspapers  published  in  the  city  of  Richmond; 
ami  after  retaining  the  sum  or  quota  dm'  ami  all  charges  Of  -ale  out 
of  the  proceeds  thereof,  to  pay  the  BUrplns  Over  to  the  former  owner, 

or  his  assignee  or  legal  representative." 

Commencement       ~-    This  act  Bhall  he  in  force  from  its  passage. 

I 


amended 


(  hap.  118. — An  ACT  to  amend  the  Charter  of  Brown'e  Gap  Turnpike 

(  'nlllp.'llIN  . 

1861. 

I.  Be  it  enacted  by  the  gem  ral  assembly,  that  the  second  Bection 
of  the  act  passed  March  first,  eighteen  hundred  ami  fifty-three,  en- 
titled an  act  incorporating  the  Brown's  gap  turnpike  company,  be 

amended  and  re-enacted  so  as  to  read  as  follov 


Company 
Incorporated 


"  §  °..     Winn  one  hundred   shares  of  said  capital  stock  shall   havo 

been  subscribed,  the  subscribers  or  their  personal  representatives 


TURNPIKES.  211 

shall  be  and  they  arc  hereby  incorporated,  by  die  name  of  The 
Brown's  Gap  Turnpike  Company;  with  power  to  construct  their  road 
nut  [ess  than  eighteen  feel  in  width,  and  of  a  grade  not  exceeding 
four  degrees  at  any  point,  with  authority  to  demand  and  receive  of 
all  who  are  not  teas  than  one  mile  of  said  road,  tolls  for  the  use  of 
the  same;  and  the  said  company  shall  be  subject  to  the  provisions  of 
the  Code  of  Virginia  <>n  the  subject  of  turnpike  oompanies,  except 
far  as  the  same  shall  be  in  conflict  with  the  provisions  of  this  act." 

'J.  The  comity  com)  of  Albemarle  is  authorized  to  transfer  such  Power  of  oountji 
sections  and  portions  of  the  county  road  DOW  used  in  connection  with  marie 
the  road  of  said  company,  to  said  Brown's  gap  turnpike  company, 
upon  sucli  terms  as  may  be  agreed  upon  between  them,  to  be  incor- 
porated into  the  road  of  said  company :  provided  the  same  be  first, 
n  commended  by  a  n  porl  of  one  or  more  of  the  road  commission!  n 
of  said  county,  all  the  justices  of  the  county  having  been  first  duly 
summoned  to  consider  the  same,  and  a  majority  of  those  present  con- 
curring therein. 

3.   This  act  shall  he  in  force  from  its  passage.  CommeDc.mont 


Chap.  [19.— An  A<  T  to  incorporate  the  Newport  and  Gap  Mills  Turnpike 

( tompauy. 

■i  Karcfa  36 

1.  Be  it  enacted  by  the  genera]  assembly,  that  for  the  purpose  ofBonte  it     ,i 
tructing  a  turnpike  road  from  a  point  at  or  oear  Newport  in  the 

conity  of  Giles,  to  the   (Jap  mills   in   the  county  of  Monroe,  by  the 

way  "f  the  clover  bottom,  John's  creek  and  William   Blarn's  on 
(nek.  it  shall  he  lawful  to  open  books  for  receiving  subscrip- 
tions to  an  amount  not  exceeding   fifteen   thousand  dollars,  to  COnsti-  Capita  - 

pita!  stock,  to  he  divided  into  shares  <f  twenty-five 
dollar-  each.    The  said  books  shall  be  opened  at  Newport  in  the 
county  of  Giles,  under  the  direction  of  David  B.  Trice.  William  B.  i         -.ionrn 
Mason,  Samuel  Kenzie,  John  Miller  and  Charles  H.  Payne,  oi  any 

three  of  them  :  at  the  (,;ip  mills  in  the  county  of  Monroe,  umh  r  (In- 
direction of  John  ('.  Summers.  William  8.  Riddle,  Peter  I..  Osborne, 
Will  :t    McNott,  or  any  three  of  them  j   and 

h  other  plaot  -  a-  they  or  any  three  of  tin  in  may  select,  nnd<  r 
the  direction  oi  •>-   they  or  any  1 1 1 r . . •  of  them  i 

,nt. 

2.  Whenever  one  hnndi 

I 

■    ■  iii- 

panj ,  by  t 


212 


TTRXriKKS. 


naay :  oooformaUy  to  the  provisions  of  chapters  fifty-seven  and 
sixty-one  of  the  Code  t>t"  Virginia,  and  of  existing  laws  of  a  general 
summer  i oad  nature.  appUoable  to  turnpike  companiwi  and  their  roads :  provided, 
that  raefa  company  shall  not  be  required  bo  oonslrucl  any  Bnmmer  or 
hide  road,  nor  to  pave  or  oorer  their  said  road  with  rtooe  or  gravel, 

and   that   the  width  of  Httd  road  may  not   be  leal  than  sixteen  feet, 

and  the  maximum  grade  nut  to  exceed  live  degn  I  - 

neement      3.  This  acl  shall  be  iii  force  from  its  past 


Chap.  180. — An  A(T  to  incorporate  the  Leesbnrg  and  Aldie  Turnpike 
Company. 

Passed  March  88, 

commissioners  1-  Be  it  enacted  hy  the  general  assembly,  thai  it  shall  he  lawful 
to  open  honks  at  Leesbnrg  in  the  enmity  of  Loudoun,  under  the 
direction  of  John  M.  Orr,  Alexander  EL  Sogers,  Robert  Bentley, 
Charles  B.  Tebbs  and  George   B.  Head,  or  any  two  of  them  ;  at  the 

Oatland  mills  in  the  said  enmity,  under  the  direction  of  John  M. 
Fairfax,  Joseph  L.  Hauling,  George  Carter.  Hugh  II.  Downs  and 
John  B.  Lee,  or  any  two  of  them  ;  and  at  Aldie  in  said  county, 
under  the  direction  of  John  Moore,  William  Berkeley,  Hamilton 
Rogers,  John  P.  II.  Green  and  Amos  T.  Skinner,  or  any  two  of 
them,  for  receiving  subscriptions  to  the  amount  of  twenty-five  thou- 
sand dollars,  in  shares  of  twenty-live  dollars  each,  for  the  purpose  of 

Routeof  r i    constructing  a  turnpike  road  from  Leesbnrg  to  some  point  on  the 

Little  ri\er  turnpike  at  or  within  one  mile  of  the  town  of  Aldie  in 
the  county  of  Loudoun. 


Company 
incori" 


2.    Be  it  further  enacted,  that   when  four  hundred  shares  or  ten 
thousand   dollars   shall    have   heeii   suhscrihed,   the   subscribers,  their 

executors,  administrators  and  assigns,  shall  be  and  are  hereby  incor- 
porated into  a  company  under  the  name  and  style  of  the  The  Lees- 
burg  and  Aldie  Turnpike  Company;  subject  to  the  provisions  of  the 

Code  of  Virginia,  except  as  may  lie  hereafter  provided. 


Width  of  road  3.  Be  it  further  enacted,  that  the  said  road  shall  be  cleared  thirty 
feet  wide,  and  shall  be  macadamised  «>r  graveled  so  as  to  present  a 
firm  roadway  fourteen  feet  wide. 


Toll  gates  4.   Be  it  further  enacted,  that  said  company  shall  not  erect  more 

than  three  toll  gates  between  the  two  termini,  and  shall  not  he  .au- 
thorized to  charge  toll  until  at  least  li\  e  continuous  miles  of  their 
road  shall  be  macadamised  or  graveled,  as  provided  in  the  third 
section. 


TURNPIKE*.  21o 

5.  Be  it  farther  enacted,  that  the  county  court  of  Loudoun  county  County  wort  of 
is  hereby  authorized  and  empowered  to  subscribe  to  the  capital  stock  subscribe 

o£  said  company  an  amount  not  exceeding  the  sum  that  would  pro- 
duce, at  -i\  pet  centum  interest,  the  average  of  the  amount  ex- 
pended annually  for  five  yean  past  on  the  present  comity  road  be* 
(ween  said  termini. 

6.  This  act  shall  DC  in  force  from  Ltfl  pass;:.  Commencement 


Chap.  121. — An  ACT  to  Incorporate  the  Leesburg  and  Point  of  Rocks 
Turnpike  Company . 

Panned  April  4,  1861. 

1.  Be  it  enacted  Ivy  tlie  general  assembly,  that  it  sliall  be  lawful  OomnitMtonwri 
to  open  books  at   Leesburg  in  the  OOnnty  of  Londonn.  under  the  di- 
rection of  Henry  T.   Harrison.  George  T.  Rust,   John  Hoffman, 

George  K.  Pox,  jr.  and  Trenton  M.  Henderson,  or  any  two  of  them: 

at  Goresville  in  Bald  county  under  the  direction  of  Charles  Williams, 

Cephas  Hempstone,  Tilghman  Gore,  C.  W.  Paxson  and  A.  T.  M. 

Rust,  or  any  of  them;   and  at  the  tyirnaco  mar  the  I'oint  of  Rocks 

in  said  county,  under  the  direction  of  J.  P.  Mason,  Nicholas   T>avi- 

son,  Wilson  C.  Saunders.  Michael  Mullen  and  Daniel  T.  Shreve,  or 

any  two  of  them,  for  receiving  subscriptions  to  the  amount  of  thirty  Capital  stock 

thousand  dollars  iu  shares  of  fifty  dollars  each,  for  the  purpose  of 

constructing  a  turnpike  road  from  Leesburg  to  the  southern  end  of  Routed 

the  Potomac  bridge  in  the  county  of  Loudoun. 

2.  Be   it    farther  enacted,  that    when   two  hundred    shares  or  ten  (    inpany 

thousand  dollars  shall  have  been  subscribed,  the  subscribers,  their  m*w«wr 

itors,  administrators  and  assigns  shall  be  and  are  hereby  incor- 
porated into  a  company  by  the  name  and  style  of  The  Leesburg  and 

I'oint  of  Bocks  Turnpike  (  '..mpany  :   subject  to  the  pr>i\  idottl  of  the 

Code  of  Virginia:   provided,  thai  said  oompan]   shall  no(  occupy 

with  their  roadway  any  other  ground  than  that  BOD  OCCUpii  i  bj  the 
county  road  between  the  two  termini,  without  the  consent  of  the 

proprietors   Of  land-    adjacent    thereto,  and   that    they  shall    not    fa  I 
tin-  right  t.i  condemn  more  than  on.  -half  aON  for  each  toll  BOOM  and 

in. 

.'t.    Be  it  farti  1.  that  the  width  of  the  road  bed  shall  bev 

tW<  nt\  -tv  d  that  the  maeadaini/ed  ) 

shall   he  fonte—    feet   in   width,  and   that   the  bridges   shall   haVl 

roadway  of  ttmx 

l.    Be  it  further  enacted,  that  the  -aid  company  shall  not 

than   three  toll   pater,  and    that    they    -hall   not    1  I   to 


■Jl  1 


TURNPIKES. 


Cnun'y 
Louiloun  may 
nulifcribi- 


charge  toll  until  at  hast  five  eonti— om  ndlea  of  their  road  shall  be 
well  maoaduniced  ox  graveled,  bo  af  to  present  a  finn  road  bed. 

•5.  Be  it  further  enacted,  thai  the  county  court  of  Loudoun  county 
i>  hereby  authorized  and  empowered  to  subscribe  to  the  capital  stock 
of  said  company  an  ainounl  not  exceeding  the  sum  that^would  pro- 
duce, at  bu  pei  cent,  interest,  the  average  of  the  amount  expended 
annually  for  five  years  past  on  the  present  comity  road  between  the 
two  termini. 


Commencement        6.    This  act  shall  he  in  force  from  its  passage. 


Chap.  182. — An  A.CT  to  authorize  the  issue  of  Preferred  Stock  by  the  Alex- 
andria, Mount  Vernon  and  Aocotink  Turnpike  Company. 

Paned  February  2<t,  IE 

Preferred  stock  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  it  shall 
be  lawful  for  the  stockholders  id'  the  Alexandria.  Mount  Vernon  and 
Accotink  turnpike  company,  in  general  meeting  assembled,  tn  make 
the  stock  of  said  company,  to  the  extent  of  twelve  thousand  dollars, 
a  preferred  stock,  by  guaranteeing  a  dividend  of  six  per  centum  pel 
annum  for  a  fixed  or  indefinite  period,  on  each  share  of  Btook  so  pre- 
ferred, payable  out  of  the  net  proceeds  of  said  road. 


Stock  already 

ISHUl'd 


I  low  amount 
madi  op 


And  whereas,  it  is  represented  to  the  genera]  assembly,  that  the 
said  turnpike  company,  under  a  mistaken  apprehension  of  their 
powers  under  their  charter,  have  already  issued  certificates  of  stock, 
preferred  as  aforesaid,  amounting  to  the  sum  of  live  thousand  dollars. 
which  said  cert  ideates  are   now   in   the  hands  id'  bona  fide  holders  for 

value : 

2.  Be  it  farther  enacted,  that  it  shall  be  lawful  to  make-up  the 
amount  of  preferred  stock  herein  before  authorized,  as  well  by  con- 
firming and  ratifying  the  preferred  issue  already  made,  as  by  the 
issue  of  new  certificates;  and  in  the  event  of  such  confirmation  and 
ratification,  the  said  certificates,  so  confirmed  and  ratified,  shall  there- 
upon become  legalized  as  fully  and  to  all  intents  and  purposes  as  if 
authorized  by  law  at  the  date  of  their  issue. 

3.  Be  it  further  enacted,  that  if  the  said  preferred  stock  shall  be 
made  op  by  the  issue  of  new  certificates,  before  issuing  the  same  or 
any  portion  thereof  to  any  other  person,  it  shall  be  the  duty  of  the 
said  company  to  redeem  and  replace  the  preferred  certificates  already 
issued,  by  the  new  certificates  to  be  issued  under  authority  of  this 
act.  or  to  reserve  and  retain  a  sufficiency  thereof  for  that  purpose. 

Commencement      4.    This  act  shall  be  in  force  from  the  date  of  its  passage. 


Dnty  of  corn- 
replace 

slock.  &.c 


BRIDGES. — PLANS    ROADS.  21-5 

Chap.  123. — An  ACT  to  incorporate  the  Staffordsville  Toll  Bridge  <  tompany. 

Passed  February  26,  1S8L 

1.  Be  it  enacted  by  the  genera]  assembly,  that  it  shall  bo  lawful  Books  to  b< 

/.  •    •  i  ii         opened 

to  open  books  tor  receiving  subscriptions  to  an  amount  not  less  than 
eight  hundred  dollars  nor  more  than  twelve  hundred  dollars,  in  shares 
df  tin  dollars  each,  to  constitute  a  joint  capital  stock  for  construct- 
ing a  toll  bridge  across  Walker's  creek  at  the  moutb  of  Whitley's 
branch  and  near  the  town  of  Staffordshire  in  the  county  of  Giles. 

2.  The  said  honks  shall  lie  opened  at  the  town  of  Staffordsville  in  Commissioners 
said  county,  under  the  superintendence  of  the  following  named  com- 
missioners,   any   three  of  whom  may   aet,  to  wit:   Charles  1).  Peek, 

Edward  Johnston,  Daniel  II.  Stafford,  Kalpk  K.  Stafford  and  Ralph 
M.  Stafford. 

3.  When  five  hundred  dollars  of  the  capital  stock  shall  have  been  Cnmpany 
Bubscribed,   the  subscribers,  their   executors,  administrators  and  as- 

signs,  shall  be  and  arc  hereby  incorporated  into  a  company,  by  the 
name  and  style  of  The  Staffordsville  Toll  Bridge  Company;  and  are 
hereby  invested  with  all  the  rights,  powers  and  privileges  conferred, 
ami  subject  to  all  the  rules,  regulations  and  restrictions  imposed  upon 

bodies  politic  and  corporate  by  the  Code  of  Virginia,  so  far  as  the 
same  are  applicable  to  and  not  inconsistent  with  this  act. 

4.  As  soon  as  the  bridge  is  completed,  the  said  company  may  de-  Toll* 
mand  and   receive  such  reasonable  tolls  as  their  by-laws  prescribe: 
provided,  that  the  rates  of  toll  shall  be  submitted  to  and  approved  by 

the  comity  OOUrt  Of  Giles  county:  and  that  said  court  may  at  anytime 
regulate  or  modify  as  they  may  think  proper  the  tolls  charged  by  the 
said  company. 

5.  Thil  BCt  shall  be  in  force  from   it-  passage.  Commencement 


-An    U  T  to  amend  an  act  entitled  an  act  to  incorporate  the 
r     nvilie  and  B  I  I  ompany,  passed  Ifaj  22,  It 

Pant."l  IM.ru :ny  IS,  1- 

1.   Be  it  enacted  by  the  genera]  assembly,  thai  the  second  section  .\<-...< 

of  an  ai  t  pa--ed  May  twenty-second,  eighteen  hundred  and  fifty-two. 

entitb-d  an  act  to  incorporate  the  Farmville  and  Buckingham  plank 

P'.i'l  I  be-  amended   and    rCH  mot.  d   M  ;i-  tO  read  a-  follow-  : 

I    When  five  thoosand  iham  of  the  stock  shall  have  beei 
nbacribed,  the  rabscribers,  their  executors,  administrators  or  as-  inw",r0n 
shall  be  incorporated  intoi  by  the  nam.   and  ityk 


210  (  -  -in  l  v    BOADfr 

of  Tlie  Farmville  and  Buckingham  Plank  Boad  Company;  agreea- 
bly bo  die  provisions  <»f  tin-  fifty-seventh  and  sixty-first  chapters  of 
width  an«i  the  Code  of  Virginia:  provided,  thai  tin  -aid  road  shall  be  graded 
grade  of  road  ^  ^^{  twenty  feet  wide,  and  constructed  with  plank  at  least  eight 
feet  wide,  and  that  its  grade  shall  no  where  exceed  four  degrees,  and 
that  the  same  may  be  repaired  when  neoeaaary  with  stone,  dirt,  gra- 
vel  or  otlier  material,  at  the  discretion  of  the  board  of  directors." 

Commencement       2.    Thin  act  shall  he  in  force  from  its  passage. 


Act  of  1*38 
amended 


Chap,  185. — An  ACT  to  amend  the  Boad  Laws  of  Brooke  and  Hancock 

( lountiea. 

Paseod  April  3.  1881. 

Be  it  enacted  by  the  general  assembly,  that  the  ninth  Bection 
of  .-mi  net  t«i  provide  for  the  opening  and  repairing  of  public  roads, 
and  for  repairing  and  bnilding  bridges  in  the  counties  of  Brooke  and 
Hancock,  passed  March  second,  eighteen  hundred  and  fifty-eight,  be 
amended  and  re-enacted  so  ns  to  read  as  follows: 


Who  to  work 
on  roads 


Penalties 


"  §  9.  Each  male  person  between  the  ages  of  twenty-one  and 
sixty  years,  excepting  ministers  of  the  gospel,  shall  work  on  the 
roads  two  days  in  every  year,  in  the  precinct  in  which  he  resides, 
When  called  upon  by  the  surveyor;  and  every  person  so  required  to 
Work  under  the  surveyor  so  placed  over  him,  who  shall  fail  to  attend 
with  proper  tools  for  clearing  the  road,  or  shall  refuse  to  work  when 
there,  as  a  hand  should  do.  or  to  find  some  other  person  equally  ahle 
to  work  in  his  room,  he  shall  pay  at  the  rate  of  one  dollar  per  day 
for  each  day  or  part  of  a  day's  failure;  to  be  paid  by  himself,  if  a 
free  man:  if  a  slave,  by  his  master.  Said  sums  shall  be  paid  to  said 
surveyor  for  the  use  of  said  precinct  ;  and  if  not  paid,  may  be  reco- 
vered by  him  before  any  justice,  by  suit  as  aforesaid,  in  the  name  of 
the  county,  for  the  use  of  the  precinct." 


Act  <.t 
amended 


WagCB,  &c 


Chap.  126. — An  ACT  to  amend  the  Becond,  third  and  sixth  sections  of  an 
:.<■!  passed  February  28th,  I85t»,  providing  tor  working  the  County  Itoads 
of  Loudoun  County. 

Pi       .1  .M;..r!i  -.M,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  second,  third 
and  sixth  sections  of  the  act  passed  February  twenty-eighth,  eighteen 
hundred  and  lifty-six,  be  amended  and  re-enacted  so  as  to  read  as 
follow  s  : 

"§  2.  The  said  court  may  at  its  April  terms  fix  the  rate  of  wages 
per  diem  of  the  hands,  plough  teams,  carts,  wagons  or  other  force 


COUNTY   ROADS.  217 

used  for  the  year :  nnd  in  fixing  said  wages,  Bhall  be  governed  by  the 

current  prices  for  such  labor  at  the  time  of  fixing  thereof;   and  if  it  CommisRinnfrs 
1.1  i-ii  •  i  ■       t  i  .         to  be  appointed 

should  appear  ach  isable  to  said  court,  at  its  .January  terms  thereafter, 

to  do  BO,  it  shall  appoint  three  discreet  freeholders,  resident  in  said 
county,  as  commissioners,  to  report  to  it,  at  its  succeeding  April 
terms,  upon  such  matters  in  relation  to  its  public  roads,  ai  to  tin-  said 
court  may  seem  proper,  and  the  commissioners  so  employed  shall  he 
allowed  by  the  court  a  reasonable  compensation  fox  their  servic 
If  the  said  fund  for  any  one  year  shall  prove  insufficient  to  effect  the 
objeel  of  this  act  for  such  year,  then  the  said  court  is  authorized  and 
required,  at  its  nexl  ensuing  June  term,  to  assess  and  levy  upon  all  ABsensment 
subjects  of  taxation  for  revenue,  a  sum  sufficient  to  supply  the  de- 
ficiency :  and  if  the  said  fund  shall  he  more  than  sufficient  for  such 
year,  the  surplus  shall  be  employed  to  lessen  the  assessment  for  the 
next  succeeding  year. 

"§  3.  All  the  public  roads  in  said  county  shall  be  laid  off  into  Boada  laid  off 
precincts  by  the  commissioners  aforesaid,  or  in  such  other  manner  as 
the  court  may  deem  best  :  and  the  said  court  may  at  its  April  terms  Surveyor 
appoint  i  surveyor  to  each  precinct,  who  shall  bold  bis  office  for  a 
term  not  exceeding  tWO  years,  unless  reappointed,  and  be  subject  to 
a  fine  of  ten  dollars,  at  the  discretion  of  said  court,  for  failing  or  re- 
fusing  to  accept  said  appointment:  provided  no  such  surveyor  shall 

be  compelled  to  serve  tWO  consecutive  terms." 

44  §  fi.    The  surveyors   aforesaid  may,   at  its  April  terms  of  said  f'ompengat ion 
i         ii  i   '        i  ,  i  «  i  i   i    °*  surveyor 

county,  be  allowed  not  less  than  one  dollar  nor  more  than  two  dol- 
lars per  diem,  to  be  fixed  by  said  court,  as  their  compensation  whilst 
actually  engaged  in  the  road  service:  to  be  paid  by  the  sheriff  out  of 
the  road  fund  :  provided  said  surveyors  shall  render  to  the  >;iid  court  .weoimtstobc 

OOUnl  of  all  the  labor  performed,  and   of  what  description   and 
by  whom,  and  all  other  expenses  incurred  by  them  in  their  precincts 
•  lively,  to  the  same  during  the  m  ax  next  preceding,  and  make 
oath  of  its  corn  fore  s  justice,  who  shall  certify  the  same; 

ami  the  said  accounts  shall  be  filed  in  the  office   of  the   clerk  of  the 
county  court  of  said  county:   and  it  shall  be  the  duty  of  the  clerk  to  Abatn 
hi  abstract  from  the  same  made  out  and  published  in  one  of  the 
mid  county,  showing  all   1 1 1 r-  expenses  incurred  on 
count  of  the  pnblk  roads,  by  whom  expended,  and  for  what  puipi 
and  the  said  court  shall  make  such  allowance   14    shall    S<  I  D3  just   to 

the  clerk  and  publisher  foe  making  out  and  publishing  the  same  :  to 

bo  paid  by  the  sheriff  as  aforesaid;  and  all  timber  and  stone  that  t- '.rand 

ma]  be  required  in  making  and  repairing  the  public  read-  afon 

shall  be  el, tinned  as  heretofore  provided  by  law;  and  the  owi 

tie  t.  of  shall  be  paid  for  the  same  by  the  sheriff  OUt  of  the  road  fund 
aforesaid.'" 

2.     I  iiall  be  in  force  from  its  pas-..  C<r 


218 


[NSl  R  \M'i:    COMPANIES. 


Farmer*  and 
tfech&Il 

nipnuy 
incorporated 


Capital  stock 


en  vi*.  l\!7. — An  ACT  to  iiu-orpitratc  the  Farmers  and  Mechanics  Insurance 
Company  of  the  City  <>!'  Richmond. 

Passed  Mar.  li  BB,  1861. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  John 
A.  lb-Kin.  Charles  C.  EUett,  George  K.  Cratohfield,  Richard  D. 

Mitchell,  .Joseph  Hall.  Charles  Philips.  John  H.  Glazebrook  and 
James  D.  Browne,  together  with  such  other  persons  as  may  be  here- 
after associated  with  them,  shall  be  ami  they  are  hereby  constituted 

and   made  a  body    politic  and   corporate,  by   the   name   and   style   of 

The  Farmers  and  Mechanics  Insurance  Company  of  the  city  of 
Richmond ;  and  by  that  name  and  style,  are  invested  with  all  the 
rights  and  privileges  conferred,  and  made  subject  to  all  the  rales, 
regulations  and  restrictions  imposed  by  the  Code  of  Virginia,  and  all 
amendatory  thereof,  applicable  to  such  corporations,  and  not  in- 
consistent with  the  provisions  of  this  act. 

2.  The  capital  stock  of  said  corporation  shall  not  bo  less  than  one 
hundred  thousand  dollars  nor  more  than  three  hundred  thousand  dol- 
lars, divided  into  shares  of  the  par  value  of  twenty  dollars  each. 


Upon  what  In- 
surance may  be 

made 


Funds,  bow 
invested 


3.    The  president  and  directors  are  authorized  to  make  insurance 
Upon   vessels,  freights,    merchandise,    specie,   bullion,  jewels,   profits, 

commissions,  bank  notes,  bills  of  exchange  and  other  evidences  of 
debt,  bottomry  and  respondentia  interests,  and  to  make  all  and  every 
insurance  connected  with  marine  risks,  and  risks  of  transportation 
and  navigation;  to  make  insurance  on  dwellings,  houses,  stores,  and 
all  other  kinds  of  buildings,  and  upon  household  furniture,  merchan- 
dise and  other  property,  against  loss  or  damage  by  lire  ;  to  make  in- 
surance on  lives;  to  grant  annuities;  to  guarantee  the  payment  of 
notes,  bonds,  bills  of  exchange,  and  to  make  all  kinds  of  contracts 
for  the  insurance  of  every  description  of  property  ;  to  cause  them- 
selves to  be  insured  against  all  risks  upon  the  interests  they  may 
have  in  any  property  or  lives,  in  their  own  right,  or  in  virtue  of  any 
loans  or  advances,  or  of  any  policy  or  contract  of  insurance ;  to  make 
dividends;  to  provide  for  the  investment  of  funds  of  the  company  in 
such  manner  as  may  be  deemed  most  beneficial,  and  to  invest  the 
same  in  any  stocks  of  any  kind  or  loans,  or  otherwise,  as  may  be 
judged  best  for  the  interests  of  the  company. 


Policies,  how 

bin  ding 


4.  All  policies  of  insurance  and  other  contracts  made  by  the  said 
company,  signed  by  the  president  and  countersigned  by  the  secre- 
tary, shall  be  obligatory  on  said  company,  and  have  the  same  effect 
as  if  said  contracts  had  been  attested  by  a  corporate  seal. 


Affairs  of  com-        5.    rriie  affairs  of  the  company  shall  be  managed  by  a  president 

pany,  how  ,  , .  /..<•>  ■  e 

manuged  and  ten  directors  (a  majority  01  whom  shall  constitute  a  quorum  tor 

the  transaction  of  business),  who  shall  continue  in  office  one  year 


INSURANCE    COMPANIES.  219 

from  the  time  of  their  election,  and  until  others  arc  elected  in  their 
stead,  to  be  chosen  by  ballot,  by  ;i  majority  of  the  votes  of  the  stock- 
holders present  in  person  or  by  proxy :  and  no  director  shall  he  eligi- 
ble unless  he  owns  in  big  OWH  right  at  least  five  slums  of  the  capital 
stock  of  said  company.  Each  stockholder  shall  be  entitled  to  as 
many  votes  at  any  meeting  of  the  stockholders  as  hesmay  own  shares 
in  said  company.    The  directors  I"  l>e  elected  at  the  first  meeting 

under  this  act.  shall  continue  in  office  until  the  first  Monday  in  Feb 
rnary  (or  until  others  are  chosen  in  their  place) ;  on  which  said 
Monday  in  February,  and  annually  thereafter,  there  shall  be  a  ge- 
neral meeting  of  the  stockholders,  for  the  election  of  a  president  and  Biecttoniof 
din ctors,  and  such  other  business  as  may  conic  before  them.  In 
Case  of  death,  resignation  or  disqualification  of  the  president  or  any 
of  the  directors,  the  remaining  directors  may  elect  others  to  supply 
their  places  for  the  unexpired  time. 

<i.    The  president  and  directors  ma}T  appoint  an  agent  or  agents  Agents, how 
in  any  of  the  cities,  towns  or  counties  of  this  state,  or  elsewhere,  to  appo" 
make  insurances,  and  for  the  transaction  of  all  other  business  of  the 
company. 

7.    The  persona  named  in  the  first    section   shall  be  commissioners  Commissioners 
to  receive  the  subscript  ions  to  (be  capital  stock  of  this  company,  any 
three  of  whom  may  act. 

B.     Nothing  in  this   act    shall   be   BO   construed    as   to  authorize  the  Not  to  tone  note 
•  i  ,     .  .    .       .       ,  ,     •     .,  r  >"  nature  of 

said  company  to  issue  Ot  put   m  circulation  any  note  in  the  nature  01  bank  note 

a  bank  note,  or  to  own  more  land  than  is  necessary  for  an  office 

building. 

9.    This  act  shall  be  in  force  from  its  passage,  and  be  subject  to  Commenoeineat 
amendment,  modification  or  repeal,  at  the  pleasure  of  the  general 

My. 


(  bap   i .'-  — An  ACT  to  amend  the  4th  section  of  an  art  Incorporating  the 
Jefferson  Insurance  Company  of  All"  marie. 

Tassfrl  April  3,  1 ! 

I'-     N    '  nricti  d.   that   the   fourth    section   of  the    act   to    incorporate  Act  aa 
the  J<  tb  raon  insurance  company  of  Albemarle,  pass*  d  March  seven- 
teenth,  eighteen    hundred    and    sixty,   be   ami    the   same   i-    liercby 
amended  and  n  o  as  to  read  aa  follows: 


DW6f  and   authority  to  in- 
capital   stock  and  other  fundi   in   bank,  state  or  other  stocks,  in   I 

purchase  of  bonds  issu<  d  bj  this  at  any  oUm  r  state,  at  tt  ta 


220  lNsriiAM IE   COMPANIES- 

State.-,  and  <if  bonds  of  any  inoorpontod  company;  to  lend  money 
upon  persona]  <>r  real  security,  ami  to  purchase  or  otherwise  acquire, 

Baal  and  pano-    to  have  ami  to  bold,  and   likewise  to  coiivev  and  >ell  any  real  or  par- 
te, how  .  „        .  ,  . . 

i,,h  Bonal  estate  lor  the  purpose  <>t  Beonnng  any  debt  or  debts  tliat  may 

be  dm-  to  them,  and  for  their  own  use  and  convenience." 


Chap.  189. — An  ACT  bo  Incorporate  the  Western  Virginia  Enso 
( lompany. 

Pasoed  February  18,  1861. 

Company  l.  Be  it  enacted  by  the  general  assembly  of  Virginia,  thai  B.J. 

Armstrong,  1>.  P.  Morton,  c.  W.  Hansborough,  G.  II.  A.  Kunst, 
M.  MoGee,  J.  A.  Robinson,  L.  Mallonee,  William  J.  Robinson,  W. 

II.  Freeman,  .M.  A.  Iliman,  John  Doonan  and  Henry  ComptOD,  to- 
gether w  itli  such  ether  persona  as  may  hereafter  be  associated  with 

them,  and  their  successors,  the  holders  of  the  capital  stock  herein 
after  authorized  to  be  raised,  shall  be  and  they  are  hereby  constituted 
and  made  a  body  corporate,  under  the  name  and  style  of  The 
Western  Virginia  Insurance  Company:  and  by  that  mum1  and  Btyle, 
are  invested  with  all  the  rights,  powers  and  privileges  conferred,  and 
made  subject  to  all  the  rules,  regulations  and  restrictions  imposed  by 
the  Code  of  Virginia,  and  not  inconsistent  with  the  provisions  of 
this  act. 

Capital  stock  2.    The  capital  stock  of  said  company  shall  not  be  less  than  thirty 

thousand  dollars  nor  more  than  five  hundred  thousand  dollars,  to  be 
divided  into  shares  id"  the  pat  value  of  fifty  dollars  each. 

Powergofcom-        3.    The  said  company  shall   have  authority  and   power  to  make  in- 
pany  ag  to  , .  "  .  .   ,  ,  -,  ,  , 

insurance,  &c      surance  against  all   marine  risks  and  against    any  damage  or  loss   by 

fire,  or  by  any  other  liability,  casualty  or  hazard  upon  every  kind  of 
property,  real,  personal  or  mixed;  to  guarantee  the  payment  of  pro- 
missory notes,  bills  of  exchange  and  other  evidence  of  debt  ;  to  hud 
money  on  bottomry  or  respondentia:  to  cause  themselves  to  be  in- 
sured against  all  risks  upon  the  interests  they  may  have  in  any  pro- 
perty in  their  own  right,  or  by  virtue  of  any  loans  or  advances,  or  of 
any  policy  or  contract  of  insurance. 

Investments  4.    The  company  shall  have  power  and  authority  to  invest  its  capi- 

tal stock  or  other  funds  of  the  company  in  any  bank  or  other  stocks, 
in  the  purchase  of  bonds  issued  by  this  or  any  other  state  of  the 
United  States,  and  of  the  bonds  of  any  incorporated  company,  and 
to  lend  money  upon  personal  or  real  security. 

Secretary  com-       5.   The  secretary  of  said  company  shall  be  a  competent  witness 
in  all  suits  for  or   against   the  said   company  in  all  the  courts  of 


INSURANCE    COMPANIES.  201 

this  commonwealth  :  provided  his  interest  in  the  said  company  shall 
not  exceed  thirty  shares. 

6.  The  affairs  of  the  said  company  shall  be  managed  by  a  presi-  Affair*  of  com- 
denl  .iiiii  seven  directors,  being  stockholders  (a  majority  of  whom  managed 
shall   be  B  quorum),  who  shall  continue  in  office  one  year  from  the 

time  of  their  election  and  until  others  are  elected  in  their  stead,  to 
be  chosen  by  ballot  by  a  majority  of  the  stockholders  present  in  per- 
son or  by  proxy. 

7.  Each   Btookholder   shall   be  entitled   to  as  many  votes   at   any  Votrn 

meeting  of  the  stockholders  as  he  may  own  shares  in  said  company. 

The  directors  to  be  elected  at   the  first  meeting  under  this  act  shall 

continue  in  office  until  the  first  Tuesday  in  October  eighteen  hundred 

ami  silty-tWO  (or  until  others  are  chosen  in  their  place).     On  which  Meeting  of 
. ,         '  ,       _       ,  ,ii  r  i     '        i    ii   i  stockholders  for 

said  first     1  uesday  in    October  annually   thereafter  there  shall   be  B elections, Ac 

general  meeting  of  the  stockholders  for  the  election  of  directors,  and 
for  such  other  business  as  may  come  before  them.  At  the  first  meet- 
ing after  every  election  the  directors  shall  choose  from  among  them- 
selves a  president,  and  allow  him  a  reasonable  compensation  for  bis 
services;  and  in  ease  of  death,  resignation  or  disqualification  of  the 
president  or  any  of  the  director-;,  the  remaining  directors  may  elect  \ 
Others  to  supply  their  places'  for  the  remainder  of  the  term  for  which 
tiny  were  chosen. 

8.  The  president  and  directors  may  appoint  and  dismiss  at  their  Officers,  how 
pleasure  a  secretary  and  such  other  officers  as  may  be  necessary  for  appou       # 
the  transaction  of  the  business  of  said  company,  and  allow  such  com- 
pensation for  their  services  as  tiny  may  deem   reasonable,  and  shall 

require  of  such  secretary  or  other  officers  to  enter  into  bond  for  the 
faithful  performance  of  their  duties. 

9.  The  president  and  directors  may  appoint  agents  in  any  of  the  \...  Dtt,how 

cities,  town*  or  counties  of  tlii^   state  or  elsewhere,  to  receive  off  r- '  ,1""1" 
mi'-   for   insurance,  and  for  the  transaction  of   such   buitneM  of  the 
company  a-  may  be  confided  to  them. 

in.   'If'    persons   named  in   the   first  section   shall  open  books Oonmiissoaan 
(whenever  tiny  may  deem  expedient)  to  n  1 1  ive  lubscriptiona  to  the 
capital  stock  of  said  company . 

11.  Nothing  in  this  act  shall  be  so  construed  a-  to  authorise  the  ProhiMtfoaM  to 

■  ,  .     .  .       .  ■        ,  i  bank  : 

laid  company  to  issue  or  put  into  circulation  any  note  m  the  nature 
of  :i  bank  note,  or  to  OWfl   more  land   than   i-  J   fbl  an  <■: 

building. 

12.  I  ball  be  in  force  from  ii-  ;  provided  nothing* 

hen  in  contained  shall   prohibit   tie  bly  from   ;ilt.  i 

afaending  or  repealing  tl  i 


222 


[N8l   B  MI'AMKS. 


fompany 


Chap.  [30.— An  ACT  t<>  incorporate  the  Richmond  City  Insurance  Com- 
pany of  Richmond. 

I.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Richard 
i,.  kforriss,  Robert  A.  Lanoaster,  Gheorge  \v.  Yancey,  William  N. 
Barrel  and  Robert  P.  Morriss,  together  with  Booh  other  persona  as 
may  1m-  hereafter  associated  with  them,  shall  be  ami  tiny  arc  hereby 
constituted  and  made  a  body  politic  ami  oorporate,  by  the  name  ami 
style  "t  The  Richmond  City  Insurance  Company;  ami  by  thai  came 
ami  style,  arc  invested  with  all  the  rights  ami  privileges  oonferredi 
ami  made  subject  to  all  the  rules,  regulations  ami  restrictions  imposed 
by  the  Code  of  Virginia,  ami  all  acts  amendatory  thereof  .applica- 
ble to  such  corporations,  ami  net  inconsistent  with  the  provisions  of 

this  act. 


Capital  Ftock  'J.     The   capital   stuck   of  said   corporation  shall   not    he    less  than 

twenty-five  thousand  dollars  nor  more  than  five  hundred  thousand 
dollars,  divided  into  shares  of  fifty  dollars  each. 


Insurance,  how 
and  upon 
what  made 


[avail 

how  imido 


I,  how 
binding 


3.  The  president  and  directors  are  authorized  to  make  insurance 
upon  vessels,  freights,  merchandise,  Bpeoie,  bullion,  jewels,  profits. 
commissions,  bank  notes,  hills  of  exchange  ami  other  evidences  of 

debt,  bottomry  and  respondentia  interests,  and  to  make  all  ami  every 
insurance  connected   with   marine   ri>ks   and   risks  of  transportation 

and  navigation;  to  make  insurance  on  dwellings,  houses,  stores  ami 

other   kinds   id'  buildings,   and   upon    household    furniture   and   other 

property  and  merchandise,  against  loss  or  damage  by  fire;  to  make 
insurance  on  lives;  togranl  annuities:  to  guarantee  the  payment  of 

notes,  ho. ids.  hills  of  exchange,  and  to  make  all  kinds  of  contracts 
for  the  insurance  of  ever]  description  of  property;  to  cause  them- 
selves to  he  insured  against  all  risks  upon  the  interest  they  may  have 
in  any  property  or  lives  in  their  own  right,  or  in  virtue  id'  an]  loans 
or  advances,   or  of  any   policy  or  contract   of  insurance;    to  receive 

m y  on  deposit,  and  pay  interest  thereon,  as  may  he  advantageous 

to  the   stockholders;   to  provide   for  the   investment   of  funds  of  the 

company  in  such  manner  as  may  he  deemed  most  beneficial,  and  to 

invest  the  same  in  any  stocks  id'  any  kind,  or  loans  or  otherwise,  as 
may  he  judged  best  lor  the  interest  of  the  company:  provided,  that 
in  no  event  shall  the  deposits  he  liable  for  the  satisfaction  id'  any 
policy. 

1.  All  policies  of  insurance  and  other  contracts  made  by  the  said 
company,  signed  by  the  president  and  countersigned  hy  the  secretary, 
.•hall  he  obligatory  on  said  company,  and  have  the  same  cU'ect  as  if 
said  policies  and  contracts  had  been   attested  1>\  a  corporate  seal. 


CommiSBionerg         5.    The  person*    named   in   the   first    si  ction   shall  be  the  euinmis- 


INSURANCE   COMPANIES.  223 

sinners  to  receive  the  subscriptions  to  the  capital  stock  of  this  com- 
pany, any  three  of  whom  may  act. 

(>.  Nothing  in  this  act  shall  be  bo  construed  as  to  authorise  the  Prohibition  at 

.  ,  .        .         ,      .  .      .,  -to  banknotes 

said  company  to  issue  or  put  in  circulation  any  note  in  the  oature  oi 
a  bank  note,  or  own  more  land  than  is  necessary  for  its  office  build- 
ing, unless  for  the  purpose  of  seouring  or  obtaining  payments  of 
debts  contracted  with  the  said  corporation  in  the  transaction  of  its 
business. 

7.   The  president  and  directors  may  appoint  an  agent  in  any  of  Afant,  how 

the   lilies,  towns  or   counties  in   this  or  any  of  the  states,  to  receive  ''I'1'01' 
offerings  for  insurance,   and  for  the  transaction  of  such  business  of 
the  i  ompany  as  may  be  confided  to  him. 

B.    Each  stockholder  of  the  company  shall  be  entitled  to  as  many  votes 
at  any   meeting   of  the   Stockholders  as  he    may  own    shares   in 

said  company. 

!».   The  stockholders  of  the  company  shall  not  be  liable  for  any  stockholder*, 
loss,  damage  or  responsibility  other  than  the  property  they  have  in 
the  capita]  stock  and  funds  of  the  company,  to  the  amount  of  the 

share-  p  spectively  held  by  them,  and  any  profits  arising  thereon  not 
divided. 

10.  Thi  secretary  of  said  company  shall  be  a  competent  witness  Secretary, 

in  all  suits  fur  or  against  the  said  company  in  all  courts  of  this  com-  "' 
mon wealth:  provided  his  interest  in  said  company  shall  not  exceed 

thirty  shaft  I. 

11.  This  ad  shall  lie  and  continue  in  force   from  its  passage:   pro- Commencement 
tided  nothing  herein  contained  shall  prohibit  the  general  assembly 

from  altering,  amending  or  repealing  the  same. 


(*ii \r  l.'.l  — An    \(  i    Inoorporal 

1.    !'•  d  by  the  general  assembly  of  Virginia,  that  Jehu  r-nmpany 

w     Barclay,  Robert  .1.   White.  William  McLaughlin,  Josepl 

i.i'  e*  w    Kfassie,  I >ai id  L.  Hops 
James  K  McNutt  and  Edward  J.  Leyburn, 

and  all  others  who  a  pd  with  them  under  this  act,  not 

1<  m  than  twenty .  be  and  the] 

ism  and  -t\  h  of  'l  I 
insurance  4  otnpanj  :  and  by  that  u  style,  shall 

inn  -t'  '1  with  all  ti  •  ..,,f,  rr,  ,i. 


22  1 


INSURANCE    COMPANIES. 


made  subject  to  all  the  rales,  regolatioaa and  tustiiotions  impond  l»y 
the  <  lode  of  Virginia  applicable  to  mob.  corporations,  and  to  all  other 
iota  amendatory  thereof,  which  have  heretofore  it  may  hereafter  in" 

paimodi  BO  tar  as  the  same  an-  not  inmmgfatfUlt  with  this  act. 


InMirni 
■ad  opt 

made 


2.  To  make  insurance  apon  dwellings,  houses,  ston  a  ami  all  other 
kind  <>f  buildings,  either  in  tows  or  country,  ami  apon  hoasehold  fur- 
niture, nierohandise  ami  other  property,  against  loss  or  damage  by 
(ire--,  to  make  insurance  apon  lives:  to  cause  themselves  t"  be  re- 
insured, when  deemed  expedient,  against  any  risk  or  risks  apon 
which  tluy  have  made  or  may  make  insurance  ;  to  arrant  annuities; 
to  receive  endowments;  t<>  contract  for  reversionary  payments;  to 
guarantee  the  payment  of  promissory  notes,  hills  of  exchange  or 
other  evidence  of  debt  \  to  make  insurance  upon  vessels,  freights, 
goods,  wares,  merchandise,  Bpeoie,  bullion,  profits,  commissions, 
bank  notes,  bottomry  and  respondentia  interests;  and  to  make  all 

and  every   insurance  connected   with   marine   risks  of  transportation 

and  navigation. 


on  deposit 


Investments, 

bow  made 


3.  To  receive  money  on  deposit  and  Lrrant  certificates  therefor  in 
accordance  with  the  conditions  set  forth  in  sections  four  and  five, 
chapter  fifty-nine  of  the  Code  of  Yirginia ;  hut  in  ao  case  are  such 
deposits  or  certificates  therefor  to  he  held  liable  to  make  good  any 

policy  of  insurance  issued  by  this  company. 

4.  The  funds  of  this  company,  however  derived,  may  he  invested 
in  or  loaned  on  any  stock,  or  real  or  personal  security. 


Capital  stock  .">.    The  capital  stock  of  said  company  shall  not  he  less  than  thirty 

thousand  dollars  nor  more  than  four  hundred   thousand  dollars,  to  he 

How  payable       divided  into  shares  of  one  hundred   dollars  each.      The  said   capital 

stock  shall  be  payable  by  each  subscriber,  at  such  time  or  times  as  it 

may  be  called  for  by  the  president  and  directors,  and  in  such  pro- 
portion as  they  may  deem  necessary;  and  if  any  subscriber  shall 
fail  to  pay  the  same  BO  called  for  upon  each  and  every  share  so  held, 
within  twenty  days  after  the  same  has  heen  so  called  for  and  de- 
manded, then  the  amount  so  called  for  may  he  recovered  by  motion. 
Upon  twenty  days'  notice  in  writing,  in  any  court  of  record  in  the 
county  or  place  of  residence  of  the  holder  of  stock. 


AfTiiird  f>f  com- 

p.  in ,  turn 

m;muged 


<i.  The  affairs  of  said  company  shall  he  managed  by  a  president 
and  hoard  of  directors,  seven  in  number,  four  of  whom  shall  consti- 
tute  a   quorum.      Said    directors    shall    he    elected    from    among    the 

stockholders  of  said  company  in  general  meeting  assembled,  by  a 

inajority  of  the   votes  of  said   stockholders   present    in    person  or  by 

proxy,  according  to  a  scale  of  voting  to  be  herein  after  prescribed; 

and  the  directors  thus  chosen,  at  their  first  meeting  shall  choose  from 

among  themselves  a  president,  and  allow  him  a  reasonable  oompen- 


INSURANCE   COMPANIES.  •-'•-'"» 

sation  for  his  services  :  the  said  president  and  directors  to  continue 
in  office  one  year,  or  until  their  successors  shall  be  appointed.  In 
case  of  vacancy  in  the  offioe  of  president  ox  directors  from  any  cause, 
the  remaining  directors  may  elect  others  to  Bupply  their  places  for 
the  remainder  of  the  term  for  which  they  WCTC  elected. 

7.  The  president    and   directors  of  said  company  shall   appoint   a  officer*,  h<m 
secretary  and   such  other  clerks  and  officers  as  they  may  find  DCCCS-  Bppo 

sary  for  the  proper  conducting  of  the  business  of  the  company,  and 
shall  allow  them  suitable  compensation  for  their  services,  and  take 
from  them  bonds,  in  such  penalties  and  with  such  security  as  the) 
may  prescribe,  for  the  faithful  discharge  of  their  duties:  all  of  which 
officers  shall  hold  their  places  during  the  pleasure  of  the  board  of 
directors. 

8.  The  president  and  directors  shall  have  power  to  appoint  agents  Agents 
in  any  pari  of  this  state  or  elsewhere. 

9.  The  scale  of  voting  at   all  the  meetings  of  said  company  shall  Scale  of  voting 
be.  one  VOte  for  each   share  of  stock  not  exceeding  twenty;   one  vote 

for  every  two  shaves  exceeding  twenty  ami  not  exceeding  two  hun- 
dred; one  vote  for  every  four  share-  exceeding  two  hundred:  ami 
every  stockholder  not  in  debt  to  the  company  may  at  pleasure,  by 
r  of  attorney,  or  in  person,  assign  ami  transfer  his  stock  in  the 
company  on  the  books  of  the  same,  or  any  part  thereof,  not  being 
than  a  whole  share:  but  no  stockholder  indebted  to  die  company 
shall  be  permitted  to  make  a  transfer  or  receive  a  dividend,  until 
such  debt  is  paid  or  secured,  to  the  satisfaction  of  the  board  of 
directors. 

10.  The  president  and   directors  shall   have   power  to  declare  SUch  Divide) 

dividends  of  the  profits  of  the  company  as  they  may  deem  proper: 
provided,  that  no  dividend  shall  be  declared  when,  in  the  opinion  of 
a  majority  of  the  board,  the  capita]  stock  would  be  impaired  thereby. 
They  shall  also  make  and  publish  at  the  end  of  ever]  &  ipt 

that  in  which  the  company  goes  into  operation,  a  report  showing  the 
condition  of  the  company  in  regard   to  its  DU8UM  M   for  the  current 

11.  The  members  of  the  company  shall  not  be  liable  for  any  loss.  St^khoid-r*, 
e  or  responsibility,  ether  than  the  property  the]  have  in  the1 

d   and   fundi  of  the   com]. any.  to  the   amount  of  the  shares  re- 
vdy  held  by  them,  and  any  profit*  at  iaing  th(  re  from  not  divided. 

12.  .  .nied  in  the  fir- 1  section  shall  be  commb 
who-,    dutj   it  shall  be.  within   six   month-   after  the   passage  of  this 

llll 

Other  pia.  ■  -  m  ;•<  r.  to  op  nl,. 

13 


336  INMKAMT.    COMPANIES. 

soriptiona  in  the  capital  Btooh  of  said  corporation  i  and  five  days' 
notice  shall  be  given  by  said  ooinmiasionera  of  the  time  and  place  of 
opening  said  books,  in  tin-  newBpapera  published  in  the  town  of  Lex- 
ington ;  whioh  luniks  shall  not  be  doted  in  lesa  than  twenty  days 
from  the  time  of  opening.  The  said  commissioners  Bhall  give  a  like 
notice  for  a  meeting  of  the  stockholders  to  choose  directors.  They 
shall  supervise  the  first  election  of  said  officers,  and  -hall  deliver  over 
to  them,  when  so  elected,  any  property  belonging  to  the  corporation 
that  may  have  come  into  their  hands. 

Prohibit)  L3.  Nothing  in  this  act  shall  be  so  construed  as  to  authorize  said 

company  to  issue  and  put  into  circulation  any  note  in  the  nature  of 
a  hank  note. 

Commeneemenl        11.   This  act  shall  lie  in  force  from  its  passage,  and  shall  he  BUDJeCt 
to  modification  or  repeal,  at  the  pleasure  of  the  general  assembly. 


(  hap.  133. — An  ACT  to  amend  an  act  passed  January  23d,  MiO,  cntitlod 
an  act  to  incorporate  the  Virginia  Life  Insurance  Company. 

Passed  February  I,  1861. 

act  amended  1.  Be  it  enacted  by  the  general  assembly,  that  the  iifth  section  of 
nn  act  passed  the  twenty-third  of  January  eighteen  hundred  and 
sixty,  entitled  an  act  to  incorporate  the  Virginia  life  insurance  com- 
pany, be  amended  and  re-enacted  so  as  to  read  as  follows: 

annual  meeting,  "  §  5.  There  shall  lie  an  annual  meeting  of  the  company  for  the 
election  of  directors,  held  in  the  city  of  Richmond  at  such  time  and 

Quorum  place  as  (he  directors  may  appoint.     A  majority  of  the  guarantee 

capital  stock,  represented  in  person  or  by  proxy,  shall  constitute  a 

Voting  quorum   at   such   meeting   for   the   transaction    of  business.     In   all 

meetings  of  the  company,  every  shareholder  shall  be  entitled  to  one 
yule  for  each  share  of  the  guarantee  capital  stock  standing  in  his 
name  on  the  books  of  the  company;  and  any  free  white  person, 
other  than  a  holder  of  one  or  more  shares  of  the  guarantee  capital 
stock,  who  holds  a  policy  of  insurance  on  his  own  life  or  the  life  of 
another  white  person  for  the  whole  term  of  life,  on  which  a  premium 
of  not  less  than  one  hundred  dollars  per  annum  is  paid,  or  who  holds 
a  policy  of  endowment  paying  a  premium  of  not  less  than  one  hun- 
dred dollars  per  annum,  or  who  is  entitled  to  an  annuity  from  the 
company  of  not  less  than  one  hundred  dollars  per  annum,  shall  be 
in  like  manner  entitled  to  one  vote :  and  no  other  person  shall  bo 
entitled  to  vote  in  the  meetings  of  the  company." 

Policy  for  2.    That  any  policy  of  insurance  issued  by  the  said  Virginia  lifo 

insurance  company  on  the  life  of  any  person,  expressed  to  be  for  the 


INSURANCE    COMPANIES. SAVINGS   BANKS.  227 

benefit  of  any  married  woman,  whether  the  same  be  effected  by  her-  ried  woman, 
self  or  her  husband,  or  by  any  other  person,  shall  enure  to  her  sole 
and  separate  use  and  benefit  and  that  of  her  or  her  husband's  chil- 
dren, if  any.  as  may  be  expressed  in  said  policy,  and  shall  be  held 
by  her  free  from  the  control  or  claim  of  her  husband  or  his  creditors, 
or  of  the  person  effecting  the  same,  or  his  creditors. 

3.    This  act  shall  be  in  force  from  its  passage.  Commencemi  at 


Chap.  133. — An  ACT  to  amend  tin' act  incorporating  the  Insurance  Com* 
pany  of  the  State  of  Virginia  of  Richmond. 

r        1  March  16,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  flic  first  and  second  Act  amended 
sections  of  the  act  passed  March  twenty-ninth,  eighteen  hundred  and 
fifty-eight,  entitled  an  act  to  incorporate  the  Insurance  company  of 
the  state  of  Virginia  of  Richmond,   be  and  the  same  are  hereby 
amended  and  re-enacted  so  as  to  read  as  follows: 

"§1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  t hat 
James  Alfred  Jones.  Wellington  Gcddin,  Daniel  Dodson,  and  such 

Other  persons  as  may  be  hereafter  associated  with  them,  shall  be  and 
they  are  hereby  constituted  ami  made  a  body  politic  and  corporate, 
by  the  name  and  style  of  The  Insurance  Company  of  the  State  of  Name  of 
Virginia;    and    by   that    name   and    style,    are   invested   with    all    the  m'-h'i"'!L] 
rights  and  privileges  conferred,   and  made  subject  to  all  the  rules.  ''nvM''P<"' 
regulations  and  restrictions  imposed  by  the  Code  of  Virginia  appli- 
cable to  such  corporations,  and  not  inconsistent  with  the  provisions 
of  this  act. 

"  §  2.   The  capital  stock  of  said  corporation  shall  not  he  less  than  Capital  stock 
•me  hundred  thousand  dollars  nor  mure  than  one  million  dollars,  di- 
vided into  shares  of  twenty-five  dollars  each." 

','.    This  act  -hall  be  in  force  from  it<  pasfll  mmeaeemeiil 


Chap,  134. — An  ACT  incorporating  the  Staunton  -  Bank. 

1     Be  it  enacted  by  the  general  assembly,  that  Benjamin  ('raw   Ba&kiaoor- 
ford,  Robert  <;.  w  .  Bbcffey,  John  D.  [mboden,  John  '' 

A.  Herman,  Davit  A.  Kayter,  Joseph  A.  Wa.hhii.  George  E.  Pi 

I      hran.  and  such  other  penoni  a-  may  hereafter  he 


SAVINGS    BARKS. 

,  luted  with  ilicii).  shall  be  and  an  hereby  constituted  a  body 
eerporate  and  politic,  by  the  name  and  style  of  The  Staunton  Bar- 
ings Bank;  and  by  this  name  and  style,  are  hereby  invested  with 
all  the  rights,  powers  and  privileges  ennt",  ried.  and  made  subject  to 
all  the  rules,  regulations  and  restrictions  imposed  by  the  provisions 
of  the  fifty-ninth  chapter  of  the  Code  et'  Virginia  of  eighteen  hun- 
dred and  sixty,  and  all  other  genera]  laws  of  the  commonwealth  ap- 
plicable to  such  corporations,  and  not  inconsistent  with  the  provi- 
sions and  purposes  of  this  aet. 

OommoMemenl       2.    This  act  shall  lie  in  force  from  ils  passagi 


Chap.  135. — An  ACT  to  incorporate  the  Central  Savings  Bank  of  the  City 

of  Richmond. 

•  .1  April  Q,  1PC1. 

Bank incor-  1.   ]?«'  il  enacted  by  die  genera]  assembly,  that  Joseph  Taylor, 

John  W.  Garlick,  A.  B.  Clarke.  E.  8.  Turpin,  William  II.  Gwafth- 
mey,  Oliver  B.  Hill,  L.  S.  Chandler,  Charles  J.  Baldwin,  J.  II.  Plea- 
sants, William  T.  King,  J.  c.  Redwood,  and  such  others  as  may 

hereafter  be  associated  with  them,  shall  be  and  they  are  hereby  con- 
stituted  and   made  a   body  politic  and  Corporate,  by  the  name  and 

style  of  The  Central  Savings  Hank  id'  the  city  of  Richmond;  and 

by  this  name  and  style,  are  hereby  invested  with  all  the  rights, 
powers  and  privileges  conferred,  and  made  subject  to  all  the  rubs. 
regulations  ami  restrictions  imposed  by  the  provisions  of  chapters 

fifty-seven  and  fifty-nine  of  the  Code  of  Virginia,  and  all  acts  amen- 
datory thereof. 

■  in        2.    This  act  shall  lie  in  force  from  its  paSBS 


Chap.  136. — An  ACT  t<>  incorporate  the  Commonwealth  Savings  Bankol 

Richmond. 

Passed  March  L5,  L86L 

Bankineor-  1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  S.  B. 

Hughes,  William  Brent,  John  <>.  Chiles,  J.  B.  Ferguson,  George 
\\.  Gretter,  clay  Drewry,  William  .M.  Allen,  R.  AY.  Wyatl  and  D. 

T.  Williams,  together  with  such  other  persons  as  are  now  or  may  be 
hereafter  associated  with  them,  shall  be  and  they  are  hereby  consti- 
tuted ami  made  a  body  politic  and  corporate,  by  the  name  and  stj  Le 
oi  The  Commonwealth  Savings  Bank  of  Richmond;  and  by  this 
name  and  style,  are  hereby  invested  with  all  the  rights,  powers  and 


S,\  vixos  BANKS.  229 

privileges  conferred,  and  made  subject  to  all  the  rules,  regulations 
and  restrictions  imposed  by  the  fifty-ninth  chapter  of  the  Code  of 
Virginia,  and  any  and  all  provisions  of  said  Code  applicable  to  such 
corporations. 

2.    This  act  Bhall  he  in  force  from  its  passage,  Commencement 


Chap.  137. — An  ACT  to  incorporate  the  Manchester  Savings  Bauk  In  tlio 
Town  of  Manchi 

Pan    i  February  lf»,  18 

1.  Be  it  enacted  by  the  general  assembly,  that  Jeremiah  Eobba,Baoi 
James  If.  Perdue,  WJJliam  If.  Brander,  Ajax  Gary,  William  <;.'' 
Taylor,  Frederiok  W.  Bedford  and  Samuel  D.  Atkinson,  or  any  of 
the  above  named  persons,  and  snob  others  as  may  be  associated  with 

them.  shall  he  and  they  are  hereby  made  and  constituted  a  body 
politic  and  corporate,  under  the  name  and  style  of  The  Manchester 
Savings  Bank;  and  by  mis  name  shall  he  invested  with  all  the 
powers,  rights,  privileges  and  immunities  conferred,  and  made  sub- 
ject to  all  the  rules,  regulations  and  restrictions  imposed  by  the  fiftv- 
ninth  chapter  of  the  (Ode  of  Virginia,  and  any  other  provisions  of 
said  Code  expressly  applicable  to  savings  hanks,  and  the  act  passed 
March  thirteenth,  eighteen  hundred  and  fifty-eight,  entitled  an  ad 
to  amend  the  fourth  section  of  chapter  fifty-nine  of  the  Code  of 
Virginia. 

•J.   The  capital   stock  of  said  hank  shall  not   exceed   one  hundred  I 
thousand  dollars. 

haU  he  in  force  from  its  p.i~-.  I 


Chap.  138  — aj  ACT  -  -  Bank  in 

tin'  Town  of  I  * r« 1 1 1  in  the  Comity  of  M 

1.    I  nihly.  that  John  T.  Filer,  Bank  bx 

W'illard.  II.  T.  Garrison,  <  'hark 
Lemuel  Vanortdall,  Robert  ('.  Qustin,  G  chain  and  G 

\V.   Hunt'  -  with   Mich  otl  iter 

associated  with  them,  shall  be  and  they  an-  '  and 

made  a  body  politic  and  corporaU  .  bj  the  nirnr 
Berkeley  Sprin      -  ok,  to  be  boated  ■  the  town  of  Rati 

in  the  ■  -uniity  <•(  Ifoi  i  hy  tin*  •  hy 


230 


SAVINGS    BANKS. 


invested  willi  all  the  rights,  powers  tad  privileges  conferred,  ami 
made  subject  to  all  the  rale.».  regulations  and  restrictions  imposed 
by  the  proviaioiu  <<(  chapter  fifty-nine  of  the  Code  of  Virginia,  and 

any    other  provisions  of  .-aid  Code   of  a  general  character,  upnlicu- 

ble  to  sooh  corporations. 

Comm«;i  "J.    This  aet  shall  he  in  force  from  it-  pat 


Chap.  139. — An  ACT  t<»  Incorporate  the  Home  Savings  Bank  ■•:  :i     I 
of  Richmond. 


pomifd 


186L 

l.  Be  it  enacted  by  the  general  assembly,^ha1  T.  1..  I>.  Walford, 
Robert  Garthright,  .1.  C.  Shields,  W.  E.  Johnson,  Thomas  J.  Bagby, 
<».  II.  Chaikley,  J.  J.  Mercer,  W.  F.  Mitchell,  W.  W.  Well-,  s.  .',. 
Flournoy  and  John  1'.  Hill,  their  associates  and  successors,  shall  be 
and  they  are  hereby  incorporated  and  made  a  body  politic  and  corpo- 
rate, under  the  name  and  style  of  The  Home  Savings  Bank  in  the 

City  <»f  Richmond:   and  hy  that  name   and    Btyle,  shall   have  all   the 

rights,  powers  and  privileges,  and  he  subject  to  all  the  rules,  regula- 
tions and  restrictions  imposed  by  the  provisions  id'  existing  laws  ap- 
plicable to  such  a  corporation. 


'.'.     The  capital  stock  of  said  hank  shall  not  he  more  than  one  hun- 
dred thousand  dollars. 

.'!.    This  act  shall  he  in  force  from  its  passage,  and  shall  he  suhjcet 

to  modification  or  repeal,  at  the  will  of  the  general  assembly. 


Chap.  140. — An  ACT  to  incorporate  the  Merchants  Savings  Hank  of 
Richmond. 


i  •       .1  January  98,  isiii. 

I.  Be  it  enacted  by  the  genera]  assembly,  thai  John  ll.  Claiborne, 
Robert  T.  Brooke,  Alexander  Garrett,  Robert  M.  Barton,  David 
Currie,  .lame.-  L.  .Maury.  George  X.  Gwathmey,  George  J.  Sumner, 

William  ll.  christian.  William  G.  Paine,  John  c.  Shafer,  John 
Dooley,  John  .1.  Wilson,  I'.  c.  Warwick,  d.  J..  Apperson,  John  T. 
Sublett,  John  11.  Montague,  .lames  II.  Hacked,  Lewis  G inter  and 
Samuel  . i.  Harrison,  together  with  suoh  other  persons  as  may  here- 
after be  associated  with  them,  shall  he  and  they  are  hereby  consti- 
tuted and  made  a  body  politic  and  corporate,  by  the  name  and  style 
of  The  Merchants  Savings  Bank  <d'  Richmond;  and  by  this  name 


SAVINGS   BANKS.  231 

and  stylo,  are  hereby  invested  with  all  the  rights,  powers  and  privi- 
leges conferred,  and  made   subject    to   all   tho   ride.-,  regulations  and 

restrictions  imposed  by  the  proi  isions  of  the  fifty-ninth  chapter  of  the 
Codo  of  Virginia  applicable  to  snob  corporations. 

2.  The  capital  stock  of  the  said  bank  shall  jiot  exceed  one  hnn-  capital  stock 
drcd  thousand  dollars. 

3.  This  act  shall  be  in  force  from  its  passage. 


Chap.  141. — An  ACT  to  incorporate  the  Tobacco  Savings  Bank  in  the  City 
of  Richmond. 

1.  Be  it  enacted  by  the  general  assembly,  thai  A.  P.  Brown,  B.  Bank  moor 
J.  Johnson,  B.   P.   Harris  and  A.  J).  Chalkley.  and   their  associl 

and  -inc.  BSOIS,  shall  he  and  they  are  hereby  made  a  bodj   politic  and 

corporate,  under  the  name  and  style  df  The  Tobacco  Savings  Bank 
in  the  City  of  Richmond;  and  by  that  name  ami  style,  shall  bein- 
1  with  all  the  rights,  powers  and  privilege  e  eonf<  rred,  and  made 
subject  to  all  the  rule-  applicable  to  such  corporations. 

2.  The  capital  stock  of  said  bank  shall  not  be  lose  than  five  nor  Capital 
more  than  one  hundred  thousand  dollars. 

3.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  Bubj<  I  I  I  i mem 

to  modification  or  repeal,  at  the  pleasure  of  the  general  assembly. 


1  tS  —An  A'  T  ;•'  in  orp<  '     Dongahcla  -  ok  in  1 1  ■< • 

I.   Be  it  enacted  by  the  general  assembly  of  the  state  of  Virginia, 
that  \v.  \.  Banway,  K.  I'..  Carr,  A.  L.  ffye,  <     P.  Pitch,  J.  M 

lith.  .1.    1.  I..  Wilson    ai  :,,„] 

iated  with  them,  be  and 
.re  hereby  madi  a  bod]  i  and  politic,  by  the  name  and 

■tyl< 

•  I  <d  all  t' 

fifty  in ut i.  tier  with  all  o4 

part-  q|   ; 

icy  may  be  Lnoonsistenl  with  ' 


SAVINGS    BANKS. 


1 

in Jo  >:  . 


2.  The  capital  stock  of  said  bank  shall  bo  divided  into  shares  of 
twenty  dollars  each:  and  the  subscriptions  thereto  shall  be  made, 
received  and  paid  at  such  times  and  in  such  installments  as  niav  he 
prescribed  by  a  majority  of  the  persons  named  in  the  first  section  of 
this  act. 


Amount,  how 


3.  The  amount  Of  the  capital  stuck  of  said  hank  shall  be  fixed  hy 
a  majority  Of  said  persons,  so  that  the  same  be  DOl  less  than  ten 
thousand  dollars  m>r  mure  than  one  hundred  thousand  dollars. 


dm  1.   'The  stockholders  shall  determine  the  number  of  the  directors 

>f  said   hank,  so  that  they  he  not    less  than  five,  and  elect  the  same. 

Voting  ").    In  all   elections  and  all  other  questions,  each  member  shall  be 

entitled  to  one  vote  on  every  share  of  stock  owned  by  him  or  her. 

lencement       <>.    This  act  shall  he  in  force  from  its  passage. 


Chap.   143. — An  ACT  to  amend  an  act  entitled  an  act  incorporating  the 
Princess  Anne  Savings  Bank,  passed  February  27th,  I860. 

Passed  January  98,  1861. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the  first 
and  second  sections  of  the  act  incorporating  the  Princess  Anne  sav- 
ings bank,  passed  February  twenty-seventh,  eighteen  hundred  and 

sixty,  be  amended  and  re-enacted  so  as  to  read  as  follows: 


ncor 


"§  1.  Be  ii  enacted  by  the  general  assembly,  that  John  .1.  l>ur- 
ronghs,  Henry  1'..  Styron,  Wilson  M.  Bonney,  Eenry  B.  Woodhouse, 
Walters.  Way,  David  II.  Bright,  Jonathan  W.  old.  John  Gornto, 

Francis  Thorns II.  P.  Woodhouse.  William  C.  Smith  and   Edgar 

Burroughs,  and  their  associates  and  successors,  shall  be  and  they  are 
hereby  incorporated  and  made  a  body  corporate,  by  the  name  and 
-t\  le  id'  The  Princess  Anne  Savings  Hank  in  the  County  of  Princess 
Anne;  and  by  that  name  ami  style,  are  hereby  invested  with  all 
the  rights,  powers  and  privileges  conferred,  and   made  subject  to  all 

the  rules,  regulations  ami  restrictions  imposed  by  the  provisions  of 

chapter  fifty-nine  of  the  Code  of  Virginia,  and  all  other  provisions  of 
law  which  may  be  applicable  to  such  corporations. 


Capital  "§  2.    The  capita]  stock  id'  said  bank  shall  not  exceed  the  sum  of 

one  hundred  thousand  dollars." 

Commencement       2.    This  act  shall  be  in  force  from  its  passage. 


SCHOOLS  AND  COLLEGES.  233 


Chap.   111. — An  ACT  incorporating  the  Independence  Hale  and  Female 
College  in  the  County  of  GrayBon. 

Passed  February  ]6,  1861. 

I.  lie  it  enacted  by  the  general  assembly  «if  Virginia,  thai  .lamer-'  company 
Dickey,  Abraham  Elliott,  Bryson  Darnal,  Alexander  M.  Davis,  mcorpori 
Wiley  I>.  Bale,  George  W.  Cornntt,  Fleming  S.  Thomas,  Basten 
Fulton.  Samuel  I'..  Cox,  Doctor  R.  H.  Huffman,  I".  M.  Nelson, 
Doctor  William  Bramletl  ami  EDphraim  Gentry,  ami  their  associates 
ami  successors,  In-  ami  they  arc  hereby  constituted  a  body  politic 
and  corporate,  under  the  name  ami  style  of  The  Trustees  of  the 
Independence  Male  and  Female  College  in  the  town  of  independence 
in  tin'  county  of  Grayson';  ami  by  that  name,  Bhall  have  perpetual 

BUCCeSBion  ami  a  common  seal,  ami  may  sue  ami  be  sued,  plead  ami 
he  impleaded  in  any  eunrf  of  law  or  equity.  The  Said  trustees  of 
tlm  independence  male  and  female  college  shall  lie  capable  in  law 
to  receive,  hold  and  dispose  of  real  and  personal  property,  in  order 
to  cany  out  the  purposes  of  their  corporation  :  provided,  thai  a  ma- 
jority of  said  trustees  and  their  successors  may  at  any  time  hereafter 
increase  the  Dumber  of  trustees  to  twenty:  ami  provided  further. 
that  a  majority  of  said  trustees  shall  ho  stockholders  in  said  college. 

2.  The  said  Independence  male  and  female  college  shall  he  under  Control  of 
the  control  and  management  of  the  said  trustees,  and  their  aS80-  C°  eg° 
elates  and  successors,  who  Bhall  appoint  a  principal,  professors  and  a 
;rer.  and  such  other  officers  as  they  may  deem  proper,  and 
make  and  establish  from  time  to  time  such  by-laws,  rules  and  regu- 
lations for  the  government  of  said  college  as  to  them  may  seem  fit, 
imt  contrary  to  the  law-  of  this  state  or  of  the  United  States.  A 
majority  of  the  trustees  shall  constitute  a  quorum  for  the  transaction 
of    business;    and   any   vacancy   or   vacancies    in    the    said    board   of 

trusb  oned  by  death,  resignation  or  otherwise,  shall  he  sup- 

plied by  appointment  of  the  remaining  trustees:  and  they  may  re- 
am- member  of  their  body,  two-thirds  of  the  whole  number 
nt  ami  concurring. 

::.    I'iie  treasurer  shall  receive  all   mi  i  ruing  to  t' 

id  property  delivi  red  to  his  care,  ami  shall  pay  or  deliver 
!..  the  order  of   the  hoard   of   trustees.      1'..  fere  entering 

upon  tie  .;  of  his  dutii  -.  he  ihsil  give  bond  with  p 

rity.  and  in  such  penalty  as  the  board  may  direct,  made  payablt 
the  ti  the  time  being,  ami  theii  1  conditio) 

for  the  faithful  performance  of  the  duties  of  hi-  office,  under  snob, 
and  regulationi  a-  the  board  may  adopt. 

1-    I  reby  authorised  to  raise  by  joint  sfc  '->» 

nbsoriptioa  a  sum   not    lest   than  one  thousand  dollar-  nor  i  mand 

than   ten    taoasand   do]!..  .axiraum 


234  SCHOOLS   AND    COLLEGES. 

each,  ami  shall  Sedan  raoh  dividends  annually  ou  the  same  as 
tin'  net  profits  of  the  said  college  may  justify:  and  shall  also  have 
pOWd  to  OOlleol  BnbsoriptionB  to  said  BtOOk  in   the  manner  now  pre- 

scrihed  by  law  for  the  collection  of  subscriptions  to  joint  stock  oom- 
panieB. 


Who  to  have 


."».  Every  person  holding  one  or  more  shares  of  the  stock  of  said 
institute,  shall  have  an  interest  in  the  whole  property  of  said  insti- 
tute, in  proportion  to  the  number  of  shares  subscribed!  for  or  held  by 
him,  and  the  paymenl  thereof. 


:   raoaal 
estato 


G.  The  stuck  of  the  said  institute  shall  he  deemed  personal  es- 
tate, and  may  pass  or  de80end  and  he  disposed  of  by  the  holder  a 
any  other  personal  estate. 


Commencement        7.    This  act  shall  1)0  in  force  front  its  passage. 


College  incor- 
porated 


Chap.  145. — An  ACT  to  incorporate  the  Montgomery  Female  College. 

Passed  March  14, 18C1. 

1.  Be  it  enacted  by  the  general  assembly,  that  Samuel  D.  Stuart. 
Bice  D.  Montague,  Joseph  S.  Edie,  Charles  A.  Miller,  Frederick 
Johnston.  Wilh'am  C.  Ilagan,  William  P.  Hickman,  James  C.  Tay- 
lor, John  S.  Grasty,  John  B.  J.  Logan,  Madison  Pitzer,  James  M. 
Bice,  Thompson  McAllister,  Eohert  Enper,  .lames  N.  Lewis,  A.  L. 
Hogshead,  John  J.  Wade,  Orias  Towers,  William  P.  JunMn,  Andrew 
Hart.  "William  M.  Montague,  James  V.  l'reston.  A.  <i.  .Mathews  and 
Franklin  Grayson,  and  their  successors,  he  and  they  are  hereby  con- 
stituted a  body  politic  and  corporate,  under  the  name  and  style  of 
The  Montgomery  Female  College;  and  by  that  name,  shall  have 
perpetual  succession  and  a  common  seal,  and  may  sue  and  be  sued, 
plead  and  be  impleaded. 


Power  to  hold 
real  and  per- 
gonal property 


2.  The  said  trustees  shall  be  capable  in  law  to  receive,  hold  and 
dispose  of  real  and  personal  property,  in  order  to  carry  out  the  pur- 
poses of  their  incorporation.  A  majority  of  said  board  of  trustees 
shall  constitute  a  quorum  for  the  transaction  of  business.  They 
shall  have  power,  for  good  cause,  to  remove  any  member  of  their 
body,  and  may  supply  any  vacancy  therein  occasioned  by  death, 
resignation  or  otherwise. 


Annual  meeting      3.    There  shall  be  an  annual  meeting  of  said  trustees  at  such  time 
and  place  as  they  may  from  time  to  time  appoint. 


Insurance 


4.  The  said  board  of  trustees  shall  have  power  to  effect  insurances 


SCHOOLS   AXD    COLLEGES.  235 

on  their  Teal  and  personal  properly;  and  fur  the  purpose  of  paying  Loans,  &.c 
off  liabilities  already  contracted  for  buildings  and  lot,  and  improving 
and  enlarging  the  same,  they  may  contract  loans,  or  cause  to  be 
"issued  certificates  of  debt  or  bonds;  but  such  loans  and  certificates 

of  debt  and  bonds  shall  not  at  any  time  exceed  ten  thousand  dollars. 
and  shall  not  be  irredeemable  for  a  period  greater  than  thirty-four 
years. 

5.  The  trustees  of  said  college  shall  eleet  a  president  of  said  col-  President, tu 

how  oloctcl 

lege,  and  such  other  instructors  as  they  may  deem  necessary,  and 
adopt  rules  and  by-laws  for  the  welfare  and  good  government  of  said 
College.  They  shall  have  power,  by  themselves  or  their  agents,  to 
take  and  to  receive  subscriptions  lor  said  college;  and  in  case  any 
person  shall  fail  to  pay  his  or  her  subscription,  to  enforce  the  pay- 
ment thereof  by  warrant  before  a  magistrate,  or  by  motion  in  any 
court  of  record  in  this  commonwealth,  according  to  the  amount  of 
such  subscription,  giving  tin  days'  notice  of  such  motion.  And  the 
said  trustees  are  authorized  to  collect  and  enforce  the  payment,  in 
the  manner  herein  provided,  of  all  sums  subscribed  to  the  .Mont- 
gomery female  collegiate  institute,  as  the  same  may  fall  due;  and 
tip  Baid  trustees  may  execute  mortgages  on  their  properly  to  secure 
the  payment  of  the  debts  hereby  authorized  to  be  contracted. 

6.  The  said   trustees,  at   their  first  meeting,  and   annually  there- Board  of  Tisl 
after,  shall  have  power  to  appoint  a  board  of  visitors  for  said  college,  appointed 
to  consist  of  seven   persons,  who  shall   hold  their  office  until  others 

are  appointed  in  their  Btead,  and  who  shall,  in  connection  with  the 
president  of  said  college,  regulate  the  course  and  mode  of  education 
and  instruction  to  be  pursued  in  said  college,  and  enforce  all  the 
rules  ami  regulations  adopted  by  the  trustees,  and  confer  diplomas 
and  certificates  of  scholarship.  The  board  of  \isitors  shall  fill  any 
acy  occurring  in  the  faculty  of  said  college. 

7.  There  ■hall  be  appointed  by  the  trustees  a  treasurer,  who  shall  Tnumtt 

receive  and  disburse  all  the  money  belonging  to  the  college,  under 

the  orden  and  directions  of  the  trustees,  and  who  shall  execute  a 
bond   to  the  trustees,  in  BUob  penalty  and  with  such  security  as  they 

shall  require,  conditioned  for  the  faithful  discharge  of  his  duties  as 
treasurer. 

trustees  may  appoint  such  other  officers  and  ag  tfeerofltoan 

they  may  require;  and  they  may  in  their  discretion  sell  scholarships  ScnoianUpe 

.  upon    such   term-   a-   may  h\    the   board   1" 

advisable* 

hall  be  in  force  froi  Commencement 


2-30 


SCHOOLS    AND    COLLEGES. 


incor- 
porsti  •! 


Cii  u\  146. — An  ACT  incorporating  the  Patrick  Springs  Female  College. 
Pii-s.  .1  March  87,  1881. 

1.  Be  It  enacted  by  the  genera]  assembly,  that  George  Pannill, 
II.  W.  Reynolds,  Joseph  Kennedy,  junior,  Samuel  <:.  Staples,  Peter 
B.  Penn,  I... I.  Penn,  A.  Staples,  William  ('.  Staples,  Jackson  Penn, 
John  R.  Cobbs,  W.  B.  McGiloray,  15.  A.  Davis,  c.  B.  Powell,  Ro- 
bert A.  Scott.  Ransom  Powell,  Muses  G.  Boothe,  Powell  If.  Wade, 
George  G.  Saunders,  A.  A.  Arnold,  T.  J.  Watson,  George  W.  Ball, 
S.  W.  Tmistall,  A.  II.  Moorman,  John  W.  Gnerrant,  William  II. 
Payne.  John  Keen.  I'.  W.  Archer.  Samuel  Robertson,  B.  II.  John- 
son,  William  .1.  Hunter,  and  their  successors  in  office,  be  and  they 
are  hereby  constituted  a  body  politic  and  corporate,  under  the  name 
and  style  of  The  Trustees  of  Patrick  Springs  Female  College;  and 
by  that  name,  shall  have  perpetual  succession  and  a  common  seal, 
and  may  sue  and  he  sued,  implead  and  lie  impleaded  in  any  court  of 
law  or  equity,  with  power  to  purchase,  receive  and  hold,  to  them  and 
their  successors  forever,  any  lands,  tenements,  money,  goods  or  chat- 
tels, which  shall  he  purchased  by  or  devised  or  given  to  them,  or 
Contributed  and  paid  to  them  for  the  use  of  said  institution:  and  to 
lease,  rent,  sell  or  otherwise  dispose  of  the  same,  in  such  manner  as 
shall  be  most  conducive  to  the  interest  and  advantage  of  said  insti- 
tution:  provided,  that  the  property  acquired  by  the  said  trustees  for 
the  use  of  the  said  institution,  shall  not  exceed  in  value  at  any  one 
time  one  hundred  thousand  dollars. 


Duties  of 
trusfc  i  a 


2.  It  shall  be  the  duty  of  said  trustees  and  their  successors  to  call 
a  general  meeting  of  the  stockholders  of  the  said  college  at  some 
convenient  period,  biennially  or  oftener,  when  a  majority  of  the 
hoard  of  trustees  for  the  time  being,  or  at  least  twelve  of  the  said 
stockholders,  not  members  of  the  board  of  trustees,  shall  deem  such 
general  meeting  necessary,  and  shall  request  the  same  to  be  called. 
At  all  such  general  meetings  of  stockholders,  a  majority  of  the  stock 
of  the  said  college  shall  be  necessary  to  constitute  a  quorum  for  the 
transaction  of  business;  and  any  person  holding  shares  of  said  stock 
may  vote  in  such  general  meetings,  either  in  person  or  by  proxy, 
made  in  writing,  according  to  such  regulations  as  shall  be  prescribed 
in  relation  thereto  by  the  hoard  of  trustees.  The  said  general  meet- 
ings shall  have  power  to  revise,  alter  or  modify  the  rules,  regulations 
and  by-laws  prescribed  by  the  hoard  of  trustees  for  the  government 
of  said  college,  and  to  control  and  direct,  through  the  board  of  trus- 
tees, the  acquisition  and  disposition  of  all  property  held  for  the  use 
of  said  college,  as  well  as  the  general  economy  and  management  of 
Baid  college.  They  shall  also  have  power  to  elect  a  new  board  of 
trustees  to  succeed  those  herein  appointed,  whose  terms  of  office  ex- 
pire on  the  twenty-fifth  day  of  June  eighteen  hundred  and  sixty-three, 
and  to  elect  in  like  manner  succeeding  boards  of  trustees  for  said 


SCHOOLS  AND  COLLEGES.  237 

college  biennially  thereafter:  provided  the  number  shall  not  exceed 
thirty.  But  any  member  of  the  present  or  any  succeeding  board  of 
trustees  shall  be  re-eligible  indefinitely. 

3.  The  said  Patrick  springs  female  college  shall  be  under  the  ini-  College  under 
mediate  control  and  management  of  the  said  trustees  and  their  trustees 

successors,  subject  to  the  revisory  control  of  the  stockholders  in 
general  meeting,  as  herein  above  expressed.  The  said  trustees 
shall  remain  in  office  until  the  twenty-fifth  day  of  June  eighteen 
hundred  and  sixty-three,  and  until  their  successors  are  elected  at 
a  general  meeting  of  the  stockholders.  They  shall  appoint  a  trea- 
surer, and  all  necessary  officers  and  professors  of  said  college,  and 
make  such  rules,  regulations  and  by-laws  for  the  government  of  the 
institution  as  in  them  may  seem  tit,  not  inconsistent  with  the  laws  of 
this  state  or  the  United  States.  Seven  of  the  trustees  shall  consti- 
tute a  quorum  for  the  transaction  of  business  ;  and  any  Vacancy  in  Vacancies,  how 
said  board  of  trustees,  occasioned  by  death,  resignation  or  otherwise, 
shall  be  filled  by  appointment  of  the  surviving  trustees,  until  the 
vacancy  is  filled,  or  a  new  election  is  held  by  a  general  meeting  of 
the  stockholders.  And  they  may  remove  any  member  of  their  body, 
two-thirds  of  the  whole  number  being  present  and  concurring. 

4.  The  treasurer  shall  receive  all  moneys  accruing  to  the  college,  Treasurer 
and  all  properly  delivered  to  his  care,  and  shall  pay  and  deliver  the 

same  to  the  order  of  the  board  of  trustees.  Before  entering  upon  the  Komi  of 
discharge  of  his  duties,  he  shall  give  bond  with  such  security,  and  in 
such  penalty  as  the  board  may  direct,  made  payable  to  the  trustees 
for  the  time  being,  and.their  successors,  and  conditioned  for  the  faith- 
ful performance  of  the  duties  of  his  office,  under  such  rules  and  regu- 
lations as  the  board  may  adopt.  And  for  any  delinquency  on  the  part 
of  said  treasurer,  a  recovery  may  be  had  against  the  said  treasurer 
and  his  securities,  his  or  their  executors  or  administrators,  by  motion, 
on  tea  days'  notice,  in  any  court  of  record  in  this  commonwealth. 

.").  The  said  board  of  trustees  are  hereby  authorized  to  raise  by  Amount  which 
joint  slock  subscription  a  sum  not  less  than  three  thousand  dollars  Inay  rai8e 
nor  more  than  thirty  thousand  dollars,  to  be  divided  into  shares  of 
five  dollars  each,  and  shall  from  time  to  time  declare  silch  dividends 
on  the  game  as  the  net  profits  of  the  institution  may  justify:  and 
shall  alio  have  power  to  collect  the  subscriptions  to  said  Stock  in  the 
manner  now  provided  by  law  for  collection-  of  subscriptions  to  joint 
.  coiiipaiin  -. 

(1.    All   individual   stock   in  said   college  shall   be  deemed   personal  stork,  personal 
estate,  and    shall    pass  to   purchaser-    a-   Mich   b\    a--i_'iini<  ill.  and   be 

t  r.i 1 1 - ; <  rable  upon  the  book-  of  said  company  upon  presentation  of  the 
scrip  representing ti  ml  shall  also  pt  eutorsandad- 

niinistrators  as  such  in  like  manner:  and  whilst  the  same  is  dedicated 
to  the  purpose  oi  education,  shall  be  exempt  from  all  public  taxes. 


238 


m  IK.nl.S    AND    COLLEGES. 


hil'ity 
of  stock 


7.  The  stockholders  of  said  college  shall  nol  be  liable  pecuniarily 
for  any  debts,  contracts  or  engagements  made  and  entered  into  by 
the  >:ii'l  trustees  or  Btookholden  other  than  (he  property  they  have  in 
the  capita]  Btock  thereof,  to  the  amount  of  their  respective  share  or 
ahares.  The  property  held  by  the  Baid  tmstees  for  the  ose  of  the 
Baid  college,  bo  long  aa  the  same  is  dedicated  to  the  purpose  of  edu- 
cation, shall  be  exempl  from  all  public  taxes. 


Diplomat  8.  The  board  of  trustees,  in  connection  with  the  president  and 

professors  of  the  college,  shall  have  power  to  confer  Buoh  diplomas 

and  literary  titles  as  they  may  think  best  calculated  to  promote  the 

cause  of  female  education. 

Commencement       9.    This  act  shall  be  in  force  from  its  passage. 


Chap.  117.— An  ACT  to  incorporate  the  Trustees  .it'  the  Parkershurg 
Classical  and  Scientific  Institute. 

Passed  Mann  18,  L861. 


Company 
incorporated 


Property, 
amount  of 


Powers  of 

trnstteg 


1.  Be  it  enacted  by  the  .general  assembly,  that  James  Cook,  J.  R. 
Murdoch,  Beverley  Smith,  J.  M.  Jackson,  C.  J.  Ncal,  A.  J.  Bore- 
man.  Thomas  Chancellor,  K.  B.  Stephenson,  s.  c.  Shaw,  P.  <!.  Van 

Winkle  and  Thomas  S.  Conley  be  and  they  are  herein-  constituted  a 
body  politic  and  corporate,  by  the  name  and  style  of  The  Trustees  of 
the  I'arkersburg  Classical  and  Scientific  Institute,  for  the  purpose  of 
establishing  male  and  female  seminaries  in  the  town  of  Parkershurg 
in  Wood  county:  and  by  said  name,  shall  have  perpetual  succes-ion 
and  a  common  seal:  may  sue  and  he  sued,  plead  and  he  impleaded, 
with  power  to  purchase,  receive  and  hold,  to  them  and  to  their  suc- 
cessors forever,  any  lauds,  tenements,  rents,  goods  and  chattels  of 
what  kind  soever,  which  may  he  purchased  by,  or  may  be  devised  or 
given  to  them  for  the  use  of  the  institute  ;  and  to  lease,  rent,  sell  or 
otherwise  dispose  of  the  same  in  such  manner  as  shall  seem  most 
conducive  to  the  advantage  of  said  institute:  provided,  that  the 
lands,  goods  and  chattels  so  authorized  to  be  held  shall  not  exceed  in 
amount  or  value  the  sum  of  fifty  thousand  dollars :  and  provided, 
that  not  less  than  a  majority  of  the  trustees  for  the  time  being  shall 
he  sufficient  to  authorize  the  stile  or  mortgage  of  any  real  estate  be- 
longing to  tile  said  institute. 

2.  The  said  trustees  and  their  successors  shall  have  power  to  ap- 
point a  president,  tutors,  treasurer,  librarian,  and  such  other  officers 
EU  they  may  deem  necessary ;  and  to  make  and  establish  from  time 
to  time  -in  h  by-laws,  rules  and  regulations,  not  contrary  to  the  laws 
of  this  state  or  of  the  United  States,  as  they  may  judge  necessary 
for  the  good  government  of  said  institute.     A  majority  of  the  trus- 


SCHOOLS  AND    COLLEGES.  2-3 1) 

tees  shrill  constitute  a  hoard  for  the  transaction  of  husiness ;  and  any 
vacancy  or  vacancies  amongst  the  trustees,  occasioned  by  death,  re- 
signation or  legal  disability,  shall  he  supplied  by  appointment  of  the 
hoard. 

3.  The  treasurer  shall  receive  all  moneys  accruing  to  the  insti-  Of  treasurer 
tute,  and  property  delivered  to  his  care,  and  shall  pay  or  deliver  the 

same  to  the  order  of  the  hoard.  Before  he  enters  on  the  discharge  of  Bond  of 
his  duties,  he  shall  enter  into  bond,  with  the  security  and  in  such 
penalty  as  the  hoard  may  direct,  made  payable  to  the  trustees  for  the 
time  being,  and  their  successors,  and  conditioned  for  the  faithful  per- 
formance of  his  duty,  under  such  rules  and  regulations  as  maybe 
adopted  by  the  hoard  :  and  it  shall  be  lawful  for  the  trustees  to  ob- 
tain a  judgment  for  the  amount,  thereof,  or  for  any  special  delin- 
quencies incurred  by  the  said  treasurer,  on  motion  in  any  court  of 
record  in  this  commonwealth,  against  the  said  treasurer  and  his  se- 
curity or  securities,  his  or  their  executors  or  administrators,  upon 
giving  ten  days"  notice  of  such  motion. 

4.  Be  it  enacted,  that  the  right  is  hereby  reserved  to  the  legisla-  Act  subject  to 
tare  to  modify  or  repeal  this  charter  at  pleasure. 

5.  This  act  shall  he  in  force  from  its  passage.  Commencement 


Cm  \e.  ]4S. — An  ACT  to  amend  the  act  incorporating  the  Lcwisburg  Femalo 

Institute. 

Passed  February  12,  ]g61. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  ism 
the  act  entitled  an  act  to  incorporate  the  Lewisburg  female  institute,  a 
1  April  seventh,  eighteen  hundred  and  fifty-eight,  shall  he  re- 
ted  so  at  I  follows : 

"§  1.    That  for  the  purpose  of  maintaining,  in  or  near  the  town  of 
i  in  Greenbrier  county,  an  institution  of  learning  for  the 

education  of  femah  g,  it  shall  he  lawful  for  Floyd  Estill,  John  With- 
row.  David  d.  Ford,  Jama   v.  Montgomery,  Thomas  Mathews  and 

].  or  any  two  of  them,  to  op<  n   1 ka  for  subscription 

in  the  toy,-  burg,  to  an  amount  not  exceeding  fifty  thon-and 

dollars,  in  shares  of  tw<  nty  dollars  each,  to  constitute  a  joint  capital 
.  for  tin-  pt  •!.'• 

act  shall  he  in  fbros  from  it-  passage. 


240 


OOLS    AND    <  OLL1  I 


atnendi  & 


Cbaf.  149. — An  ACT  ko  amend  th  sol  I        Schools  in 

the  County  of  J< 

i  Kardi  15, 

1.  Be  il  enacted  by  the  general  assembly,  thai  Bection  fourth  of 
an  act  passed  March  twenty-seventh,  eighteen  hundred  and  forty- 
eight,  concerning  district  free  schools  in  the  oonnty  of  Jefferson,  be 
amended  and  re-enacted  to  read  a<  follows,  viz: 


Dutv  of  board 
and 

:riT 


0    :    tK 


\  upon 
bond 


"§1.  That  tin.'  said  board  Bhallat  its  first  meeting  after  every 
election  elect  one  of  their  own  number  president  thereof,  and  that 
at  every  annual  meeting  the  said  board  shall  appoint  a  clerk,  who 
need  not  be  one  of  t luir  number,  who  shall  also  be  the  treasurer  of 
the  board,  to  continue  in  office  one  year,  whose  duty  it  shall  be  to 
keep  a  fair  record  of  the  proceedings  of  said  board,  and  also  to  re- 
ceive  any  money  that  may  be  due  and  payable  to  the  board,  and  pay 
all  drafts  of  the  board  to  whom  they  may  be  mad.'  payable,  and  keep 
a  true  account  of  all  the  money  which  he  shall  receive,  and  how  ap- 
plied, and  at  the  end  of  the  year  settle  his  accounts  with  the  hoard. 
and  pay  any  balance  thai  may  be  in  his  hands  to  the  said  hoard: 
and  the  said  clerk  and  treasurer  shall  perform  such  other  duties  as 
shall  be  required,  and  shall  be  allowed  a  compensation  by  said  heard 
not  exceeding  one  hundred  dollars  per  annum  :  provided,  thai  before 

the  said  clerk  and  treasurer  shall  eiit<  r  upon  the  duties  of  his  office. 

he  shall  execute  abond  with  approved  security,  payable  to  the  said 
board  of  school  commissioners,  in  the  penalty  of  ten  thousand  dol- 
lars: such  bond  to  he  recorded  in  the  clerk's  office  of  the  county 
court  of  the  county  of  Jefferson,  as  the  bonds  of  other  public  officers 
are:  and  the  original  to  he  kept  by  the  president  of  said  beard  :  and 
all  rights  and  remedies  given  by  law  upon  the  bonds  of  sheriffs  and 
other  public  officers,  are  hereby  given  to  the  said  board  of  school 
commissioners,  upon  the  said  bonds  of  said  clerk  and  treasurer." 


Commencement       2.    This  act  shall  be  in  force  from  and  after  the  passage  thereof. 


Act  of  1841 
amended 


Chap.  150.— An  ACT  to  ro-enact  the  ad  passed  iiili  l'Yi.niary  1844,  autho- 
rizing a  Loan  from  the  Literary  fund  to  the  Trustees  of  West  Libert] 

Academy. 

1  Harcb  4,  1801. 

Be  it  enacted  by  the  general  assembly,  that  the  act  passed  Febru- 
ary ninth,  eighteen^  hundred  and  forty-four,  entitled  an  act  autho- 
rizing a  loan  from  the  Literary  fund  to  the  trustees  of  "West  Liberty 
academy,  and  for  other  purposes,  shall  lie  and  the  same  is  hereby 
revived  and  re-enacted  so  as  to  read  as  follows  : 


BENEVOLENT    INSTITUTIONS.  241 

1.  Be  it  enacted  by  the  general  assembly*  that  the  beard  of  the  Loan  authorized 
Literary  fund  be  and  they  are  hereby  authorized  and  directed  to  lend 

from  the  capital  of  said  fund  (whenever  there  shall  be  mcfa  as  amount 

at  their  disposal)  to  the  trustees  of  Wert  Liberty  academy  in  the 
county  of  Ohio,  at  an  interest  of  six  percentum  per  annum,  the  sum 
of  five  thousand  dollars,  or  any  less  sum  that  the  paid  trustees  may 
require :  provided,  that  the  said  trustees  shall  secure  to  the  said  Secmttj 
board  the  repayment  of  the  principal  of  the  sum  so  loaned,  together 
with  the  interest  thereon,  at  the  rate  aforesaid,  to  he  paid  semi-annu- 
ally, by  a  lien  on  (he  lands  and  buildings  of  the  said  academy:  and 
the  said  hoard  shall  have  the  right  at  any  time  to  demand  additional 
security,  whenever  in  their  opinion  such  additional  security  may  he 
deemed  necessary;  which  said  additional  security  shall  not  reh 
the  first  security. 

2.  That  if  the  said  trustees  shall  at  any  time  neglect  or  refuse  to  Dnty  of  bonnl 
give  such  additional  security  within  a  reasonable  time,  when  thereto  fond  la  default 
required  by  the  said  hoard,  or  shall  neglecl  and  fail  to  pay  the  Into-  tateww?**  "( 
rest  on  the  said  lean  semi-annually,  as  herein  before  provided,  it 

shall  he  the  duty  of  the  said  hoard  to  take  the  necessary  Btepfl  to  col- 
lect the  sum  BO  loaned,  and  all  such  interest  as  may  he  due  thereon. 
And  if  at  the  expiration  of  twenty  years  from  the  date  of  said  lean, 
if  the  principal  of  said  sum.  or  any  part  thereof,  remains  unpaid,  the 
said  board  shall  proceed,  on  reasonable  notice,  to  collect  the  same. 

3.  This  act  shall  he  in  force  from  the  passage  thereof.  Commcnccmnm 


CHAP   151. — An  A.CT  amending  and  re-enacting  the  act  entitle.]  an  act  to 
-..11  Orphan  Asj  Jii.it  of  Norfolk,  passed  February  96, 

:   LSBJL 

Bo  it  enacted  by  the  general  assembly,  that  the  act  passed  Feb-  ' 
rnary  the  twenty-sixth,  eighteen  hundred  and  fifty-six,  entitled  an  ''" 
act  to  incorporate  the  Jackson  orphan  asylum  of  Norfolk,  he  and 
ame  is  hereby  amended,  so  that  th<  -  amended  an.]  re- 

enacted,  -hall  read  a-  follows,  viz: 

l.   That  James  Corniek,    :  Et.  Hnbard,  Charles  H.  Shield,  Aiyinn 

William  W.  Lamb,  Thomas  <'.  Tabb,  A.  L.  Seabury,  Alexaa 
Bell,  Samuel  W.  Pan],  Richard  I..  Page,  John  1'.  Leigh,  Ki< 

W.    II.    Smith.   John   9.    Mill-on.  John   SoathgatB,  W.  T. 

HarrisoBi  John  II.  Rowlend,  If.  hi.  Nash,  J.  J.  I'd igood,  John 

Williams,   W.  U.  Hmitir.  \.    I'.  ||                    ,h- 

ard  Walks  and  John  Hipkin-  with  such  Othet  pi 

may  hereafter  be  associated  with  them,  by  the  appointment  of  the 

saidtruMi'  .,.1  by  subscription  to  th<  fun 
16 


BENEVOLENT    tN8TITDTIOEB. 

the  said  corporation,  shall  be  and  tin*  bum  arc  hereby  incorporated 
and  made  a  body  politic  and  corporate,  under  tin-  Dame  and  style  of 

Jackson  <  hrphan  A-ylum  <>f  Norfolk,  f«>r  tin-  pnrpoee  of  n 
taining  and  edncatiog  orphan  children ;  subject  to  the  provisions  of 
chapters  fifty-sis  and  fifty-seven  of  the  Code  of  Virginia,  so  far  as 
they  may  be  applicable,  and  not  inconsistent  with  this  act. 

stud        2.   The  said  orphan  asylam  shall  ho  ander  the  control  and  din 

tion  of  ,-:  president  ami  seven  managers :  ami  any  four  of  said  man- 
's shall  constitute  :i  quorum  for  the  transaction  of  busii  i 

::.   The  hoard  id"  managers  shall  lie  elected  by  the  said  ti 
and  Bubsoriben  to  the  rands  of  the  said  corporation  in  genera]  meet- 
ing assembled,  ami  shall  continue  in  office  until  their  successors  are 
appointed.     Any  vacancy  or  vacancies   that   may  occur,  occasioned 

by  death,  resignation   or  otherwise,  in  the  said  hoard,  shall   he  tilled 

by  the  surviving  managers :  provided,  that  the  said  managers  shall 
at  no  time  he  less  than  Beven  :  and  provided  also,  that  the  said  man- 
rs  may  remove  any  member  of  their  body,  two-thirds  of  their 
whole  number  being  present  and  concurring. 

Offleen  '■   The  hoard  of  managers  Bhall  appoint  a  president,  secretary  and 

1,'I""'""i  treasurer,  and  BUCh  other  officers  and   agents  B8  it  may  deem  pr 

a  majority  of  the  whole  heard  being  present  ami  concurring.    The 

said  officers  or  agents  shall  hold  their  places  during  the  pleasure  of 
the  board  of  managers;  ami  die  treasurer,  if  required  by  the  board, 
shall  give  bond,  payable  to  the  corporation,  with  such  conditions  as 
the  heard  may  require,  and  with  such  sureties  as  it  may  approve. 

Booki of  5.   The  board  of  managers  shall  cause  regular  books  of  accounts 

to  he  Kept  and  halanced  annually,  or  semi-annually,  as  it  may  deter- 
mine.     All  hooks,  papers,  correspondence  and   funds  in  the  hands  of 

any  officers  or  agents  of  the  corporation,  shall  at  all  times  he  subject 
to  the  inspection  d'  the  hoard  of  managers,  <>r  a  committee  tli' 

Annual  meeting      6.    There  shall  he  an  annual  meeting  of  the  trustees   ami   B! 

In  is  to  tin'  fund-  of  the  corporation,  at  such  time  and  place  a- the 
president  of  the  hoard  of  managers  may  direct:  at  which  meeting 
tin-  managers,  if  required  by  the  trustees,  shall  exhibit  a.  statement 

of  their  transactions,  and  of  the  condition  of  the  finances  of  (in- 
corporation. 

7.  'The  board  of  managers  shall  hold  meetings  at  bucIi  times  as 
they  may  deem  necessary  or  the  president  may  require;  ami  during 
the  absence  of  the  president,  the  managers  may  appoint  a  president 
pro  tempore. 

B.    Ti  s  laid  Jackson  orphan  asylum,  or  the  managers  on  behalf 

rent  eitata 


BENEVOLENT    IXSTI  ITT  IONS.  243 

Mhiiuf,  shall  have  power  to  hold  real  estate  in  the  city  or  count}7  of 
Norfolk,  not  exceeding  two  acres  in  the  city,  nor  more  than  twenty- 
five  acres  in  the  county,  for  the  purpose  of  erecting  thereon  Buitahle 
and  necessary  buildings  for  an  orphan  asylum,  and  affording  suffi- 
cient space  for  the  accommodation  of  such  an  institution.  The  said 
corporation,  or  the  managers  in  behalf  thereof,  shall  also  have  power 
to  receive  donations,  bequests  and  devises,  to  be  applied  to  proper 
iim  i  of  the  corporation. 

!•.   The  said  managers  Bhall  have  power  to  make  rules  and  regula-  Rnien  and 
tions  for  the  government  and  direction  of  the  said  orphan  asylum, 

and  for  the  admission  and  control  of  the  inmates  thereof,  consistent 
With  the  constitution  and  laws  of  this  state. 

in.    Th    said  board  of  managers  shall  have  power,  conformably  o    ' 
to  tlieir  regulations,  to  bind  out  such  poor  orphan  children  as  they 

may  have  taken  under  their  care;  and  also  that  they  may  hind  such 
children  as  may  he  committed  to  them  by  their  parents  j  the  inden- 
tures of  apprenticeship  to  he  executed  by  the  hoard  of  managers,  or 
cither  one  of  them,  on  behalf  of  the  Jackson  orphan  asylum  :  pro- 
vided, that  the  corporation  court  of  the  city  of  Norfolk  or  the  county 
court  of  Norfolk  county  shall  have  the  same  superintendence  over 
the  conduct  of  the  persons  to  whom  such  children  shall  he  hound  and 

over  the  said  apprentices,  a--  is  given  by  law  in  other  casei  of  ap- 
prenti< 

11.     This  act  shall  he  ill  force  from  its  Coimrpncemrnt 


Chap.   162. — An    LCT  t..  incorporate  th<    Hebrew   I'" 

candria. 

I.   Be  it  enacted  by  the  general  assembly,  that  1>.  Haas,  P.  8     ' 

Sal   and    I..    1'..  ill   such  '"' 

otlor  ter  ma]   '  ■  ted  with  ti- 

mid their  ■  .  be  and  they  are  herebj  a  body  politic, 

and  corporate,  by  the  name  and  style  "I  The  Hebrew  Benevolent 
v  "f  Ah  nd  by  that   name,  shall   1 

I  ommon   seal  ;   may  rae  and   I 
and   1  nd   bold,  to  them   and   tin 

kind 

r.  winch    i  j    \.  ii    to   th'  m    for   tl 

Inst  for  the  g 1  of  the  • 


2  i  -: 


BENEYOLES  I     IN>TI  IT  [TONS. 


I 


the  property  to  be  held  by  the  said  association  shall  not  exceed  in 

amount  the  value  of  ten  thousand  dollars. 

2.  Tho  members  of  the  said  association,  or  such  number  thereof 

as  they  shall  ordain  to  be  a  quorum  lor  such  pnrpoBes,  shall  have 
power  to  make  such  by-laws,  rules  and  regulations,  nol  contrary  to 

the  laws  of  this  state  and  the  United  States,  as  they  .-hall  consider 
proper-fox  the  government  of  said  association  and  its  officers;  and 
to  appoinl  and  remove  such  officers;  to  provide  for  the  admission 
and  expulsion  of  members :  and  to  require  such  fees  and  contribu- 
tions from  members  as  they  shall  think  requisite  for  the  purpose  of 
the  association. 

3.  This  act  shall  he  modified  or  repealed,  as  the  general  assembly 


shall  think  proper. 

Commencement        4.    This  act  shall  he  in  force  from  its  passage. 


CHAP.  L53. — An  AIT  to  incorporate  St.  Paul's  Church  Home. 
Pass.d  February  19,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  Charles  l&innege- 

rode,  Thomas  W.  McCanoe,  John  A.  Cunningham,  Thomas  I'.  Au- 
gust, Norman  S.  Walker,  John  Thompson  Brown  and  George  W. 
Randolph,  and  their  successors,  he  ami  they  are  hereby  incorporated 

under  the  name  of  Saint  ranks  Church  Home:  with  the  power  to 
hold  properly,  real  and  persona!,  not  excelling  two  hundred  thousand 
dollars  in  value:  to  sue  and  he  .-ued  ;  to  make  contracts,  and  to  do 
all  other  things  necessary  for  the  attainment  of  the  objects  of  this 
incorporation. 

2.  The  said  corporators  shall  have  the  power  to  adopt  a  constitu- 
tion and  to  enact  hy-laus.  not  in  confticl  with  the  constitution  and 
laws  of  this  commonwealth,  to  associate  others  with  themselves,  and 
to  dele-ate  their  powers  to  a  hoard  of  managers,  or  such  other  agents 
as  they  may  select.  Five  corporators  shall  constitute  a  quorum  for 
the  transaction  of  business,  and  all  questions  shall  he  decided  by  a 
majority  of  voices. 

I  3.    The  said  corporators,   or    the  said    hoard  of  managers,  shall 

for  care,  have  the  right  to  contract  with  the  lather;  or  if  there  he  no  father, 

&a  of  children    ^i(]i    f))(i  Jm)t])(T.    ,„.    ir  t]lrn.  ]„.  m.i,]H.r  father  or   mother,  with 

the  guardian  of  any  infant  child  under  the  age  of  eighteen  years, 
for  the  care,  maintenance  and  education  of  such  child  until  he  or 
she  attains  the  age  of  eighteen  yean;  and  such  contracts  shall  he 
binding  on  the  parties  thereto,  and  ou  such  child;  and  shall  con- 


ation 
rated 


I  ■      ir  of 
raton 


BENEVOLENT    INSTITUTIONS.  245 

for  on  the  raid  corporation  the  Bole  and  entire  control  of  such  child 
until  he  or  she  attains  the  age  of  eighteen  :  provided,  that  tin-  said 
corporation  shall  furnish  proper  maintenance,  and  shall  bestow  a 
good  English  education  and  proper  moral  and  religions  instruction 
on  such  child. 

4.  If  such  child  have  neither  parent  nor  guardian,  the  said  corpo-  Orphan 
ration  may  acquire  the  control  aforesaid  by  exhibiting  to  the  judge 

of  the  hustings  court,  in  his  court  sitting,  an  indenture  Bealed  with 
the  seal  of  the  corporation,  and  binding  it  to  do  for  the  said  child 
whatever  may  be  required  by  this  act  to  be  done  for  the  children 
coming  within  its  purview:  and  if  Buch  indenture  he  in  proper  form, 
the  said  judge  shall  order  it  to  be  recorded  in  the  clerk's  office  of  his 
court:  and  thereupon  the  power  and  control  of  the  said  corporation 
over  such  child  shall  commence. 

5.  The   said   corporation   may  also  establish  B  hospital  for  the  re-  n 
OeptlOU   and  treatment  of  destitute  sick,  and   may  make  and  enforce 
Such  rules  as  are  necessary  for  its  government  and  good  order. 

6.  This  act  shall  Ik-  in  force  from  its  passage.  I     -raoDt-'UKDi 


tnc  >rp 


(  HAP,  154. — Aii  A.CT  incorporating  the  Southern  Institution  for  the  amelio- 
ration of  the  condition  of  the  Deaf,  Dumb  and  Blind  ]  tii>  Com- 
monwealth. 

I 

1.  Be  it  enacted  by  the  general  assembly,  that  William  M.  Lang-  i 
home,  ami  such  other  persons  as  mayor  shall  be  hereafter  associated 
with  him.  he  constituted  a  body  politic  and  corporate,  under  the 
name  and  style  of  The  Southern  Institution  for  the  amelioration  of 
the  condition  of  the  I )(>af.  Dumb  and  Blind  Negroes;  and  by  that 
name,  shall  have  p<  rpetual  -  ami  be  sued,  plead 

and  he  impleaded,  have  and  use  a  common  seal,  ami  he  subject  to  all 
tli«'  provisions  of  chapters  fifty-sis  and  fifty-seven  of  the  Code  of 
Virginia,  so  far  an  they  may  he  applicable  to  this  ai  t. 


2.  The  said  company  shall  have  power  to  purchase  lands  for  the  Power  to  par- 
purposes  of  said  institution,  not  exceeding  in  quantity  fift 

and  other  property  ft  |g  in  value  fifty  thousand  dollars. 


iid  institution  shall  he  managed  by  such  officers  and  di-  B 
rectors  M   a   majority  of  those   int<  r<  -'■•  d   may  appoint,  and   shall   be 

governed  bj  wtk  fcy-Uwi  as  may  i  |  bj  i)i«in.  not  incom 

tent  with  the  constitution  or  laws  of  this  state. 
4.    Thif>  act  shall  1 


ARMING    MILITIA. — UNIFORMING    VOLUNTEER    COMPANIES. 


Chap.  155.— Ai  of  the] pie  of  Hen* 

thontj  t"  the  Count]  Court  to  raise  by  loan  two  thou- 
for  arming  the  County. 

l.  l'.i  it  enacted  by  the  genera]  assembly,  thai  it  Bhall  be  lawful 
for  the  commissioners  appointed  to  conduct  the  elections  in  Henrico 
county  in  .May  la-t .  to  open  polls  at  each  nt'  the  places  of  voting  in 
the  said  county  on  any  day  after  five  days'  notice  ha*  been  given  by 
advertisement  in  the  Richmond  Dispatch,  and  by  posting  the  same 
at  uiic  or  more  public  places  in  each  magisterial  district,  to  i : » 1c *. -  the 
sense  of  the  voters  of  the  county  as  to  the  propriety  of  authorizing 
the  county  court  bo  raise  by  loan  the  sum  of  two  thousand  five  hun- 
dred dollars,  to  be  appropriated  to  the  purchase  of  anus  to  be  dis- 
posed of  in  arming  the  militia  of  said  county,  under  the  order  of  said 
court. 


of  vote,  2.  The  commissioners  conducting  the  election  at  the  courthouse 
shall  certify  the  result  ol  the  vote  in  the  county  to  the  county  court ; 
and  if  a  majority  of  the  votes  casl  in  Buch  election  are  in  favor  of 

Duty  of  court  granting  such  authority  to  the  court,  it  shall  be  the  duty  of  the  said 
county  court  of  Henrico  forthwith  to  raise  by  loan  the  sum  of  two 
thousand  five  hundred  dollars,  and  to  appoint  commissioners,  under 
whose  directions  the  same  shall  be  expended  in  the  purchase  of  arms. 

At  to  repayment  And  the  said  county  court  shall  hereafter  make  Buch  provision  as  to 
it  may  seem  proper,  in  regard  to  the  raising  of  money  by  levy  for  the 
payment  of  the  said  loan  :  provided,  that  the  whole  amount  shall  he 
paid  within  the  ensuing  five  years. 

."!.  It  shall  be  the  duty  of  the  sheriff  of  the  enmity  of  Henrico,  on 
the  request  of  any  three  justices  of  the  peace  for  the  said  county,  at 
the  cost  of  the  county,  to  cause  the  notice  required  by  this  act  to  he 
given. 

ement       4.    This  act  shall  he  in  force  from  its  passage. 


volnnti  ear 


Chap.  156. — An  ACT  (■>  authorize  the  County  Court  of  Fluvanna  County 
to  appropriate  certain  funds  to  the  uniforming  ami  equipping  Volunteer 
<  loinpames  in  said  ( lountj  . 

Pat  i  •!  March  89,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  he  law  ful 
for  the  county  court  of  Fluvanna,  all  the  justices  of  said  enmity 
having  been  summoned,  and  a  majority  of  the  same  being  present 
and  voting,  to  appropriate  to  the  uniforming  and  equipping  of  volun- 


UNIFORMING   VOLUNTEER   COMPARES.  217 

teer  companies  such  portion  as  tlio  said  court  may  deem  proper,  of 
any  money  already  raised  01  thai  may  hereafter  be  raised,  by  the  la- 
roe  of  county  bonds,  under  the  provisions  of  an  act  entitled  an  aol 
to  authorize  the  county  courts  to  arm  the  militia,  and  to  provide 
means  therefor,  passed  January  nineteenth,  eighteen  hundred  and 

sixty-one. 

2.    This  act  shall  be  in  force  from  its  paSSfl  Commencement 


Chap,  157.— An  A.CT  to  authorize  the  County  Court  of  Lunenburg  to  ap- 
propriate certain  nmney  t<i  uniform  and  equip  Volunteer  Compai 

■  d  A]>ril  2,  1861. 

1.  B<  it  i  uaeted  by  the  general  assembly  of  Virginia,  thai  it  shall  Uniforming 
be  lawful  for  the  county  court  of  Lunenburg  (all  the  justices  of  said  ',„',',' 
county  having  been  summoned,  and  a  majority  of  them  being  pre- 
sent and  voting)  to  appropriate  for  the  uniforming  and  equipping  of 
volunteer  companies,  such  portion  as  the  said  courl  may  deem  pro- 
per, of  any  money  already  raised,  or  that  may  hereafter  be  raised  by 
the  issue  of  enmity  bonds,  nnder  the  provisions  of  an  act  entitled  an 
act  authorizing  the  county  courts  to  arm  the  militia,  and  to  provide 
means  tlnrefor.  passed  January  nineteenth,  eighteen  hundred  and 
sixty-one. 

*J.     Thii  act  shall  lie  in  force  from  its  passage.  Commencement 


-An  A<  T   to  authorise  the  formation  of  a  Battalion  of  two 
i  the  Towns  <     S  lie  and  Howardsville  in  th<  County 

1.  Be  it  enacted  by  the  general  assembly,  that  the  governor  bt 
and  he  i-  hereby  empowered  to  authorize  the  Bcottsville  Guard  and 
Howardsville  Light  Infantry  Bluet  to  be  organized  into  a  battalion, 

all  the  provision!  and  i<  gulatii  olunteer  I 

talions,  in  the  a  Maid,  the  thirtieth,  eighteen  handled  and 

sixty,  entil  '  for  the  }■  uization  of  tin'  militia  id  the 

commonwealth. 

2.  hall  be  in  force  froo 


248  VOLUNEEEB    BATTALIONS,   ETC. 


(  bap.   169. — An  ACT  to  V<  ttallon  in  the  City  of 

la, 

-     • 

iiattniion  l.    Be  it  enacted  by  the  general  assembly,  that  the  governor  be 

and  he  is  hereby  authorized  to  organise  a  battalion  in  the  city  of 
Alexandria,  to  be  composed  of  four  companies,  to  wit:  three  com" 
paniee  of  light  infantry  ami  one  "I'  artillery:  the  said  battalion  to 
have  all  the  powers  and  privileges,  ami  to  be  subject  to  all  the  duties 

Proviso  of  battalions  organised  under  existing  laws:  provid<  d,  however,  thai 

the  officers  of  the  battalion  hereby  constituted  shall  he  required  t<> 

train  with  the  officers  of  the  One  hundred  and  seventy-fifth  regiment; 

and  the  said  battalion  .-hall  attend  and  parade  at  the  regimental 
muster  of  the  nne  hundred  and  seventy-fifth  regiment. 

Commencement       2.    This  act  shall  he  in  force  from  its  passage. 


Chap.  160. — An  ACT  organising  a  Volunteer  Company  of  Cavalry  in 
Albemarle  county. 

Passed  March  15, 1861. 

Of  what  number  1.  Be  it  enacted  by  the  general  assembly,  that  the  volunteer  com- 
pany of  cavalry  recently  formed  in  Albemarle  county,  under  the 
command  of  James  W.  Timlierlake  as  captain,  belonging  to  the 
forty-seventh  regiment,  third  brigade  and  second  division,  shall  con- 
sist of  not  less  than  forty  nor  more  than  one  hundred,  rank  and  tile, 
ami  shall  in  all  other  respects  he  subject  to  the  provisions  and  regu- 
lations of  the  act  passed   March   the  thirtieth,  eighteen  hundred  and 

sixty,  entitled  an  ait  for  the  better  organization  of  tin-  militia  of  the 
commonwealth. 

Commencement       2.    This  act  shall  he  in  force  from  its  passage. 


Chap.  161. — An  ACT  to  incorporate  the  Berkeley  Border  Guards  Armory 

(  'oinp.inv. 
'I    March  .r>,   lsiil. 

nookn,how  1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  lie  lawful 
to  open  1 hs  of  subscription  to  an  amount  not  exceeding  five  thou- 
sand dollars,  to  he  divided  into  shares  of  five  dollars  each,  to  consti- 
tute a  joint  capital  stock  for  the  purpose  of  estahlishing  an  armoiyfor 
the  Berkeley  Border  Guards,  a  voluntary  military  company,  in  the 
town  of  .Martinshurg.  The  said  books  shall  be  opened  at  the  court- 
house of    Berkeley  county,  under  the  superintendence  of  J.  Q.  A. 


VOLUNTEER   BATTALIONS,    ETC.  249 

Nadenbouoh,  William  N.  Riddle,  Peyton  R.  Harrison,  John  Dugan 
and  E.  A.  Webster,  or  any  three  of  them. 

2.  Whenever  one  hundred  shares  shall  have  been  subscribed,  the  Company 
subscribers  and  their  Bnooessora  shall  be  and  they  arc  hereby  incor- 
porated and  made  a  body  politic,  under  the  name  and  style  of  The 
Berkeley  Border  Guards  Armory  Company;  subject  to  the  proviaiena 

of  chapters  fifty-six  and  fifty-seven  of  tin-  Code  of  Virginia,  except 
so  far  aa  the  same  are  modified  by  this  act.  This  act  shall  lie  sub- 
ject to  amendment  or  repeal,  at  the  pleasure  of  the  general  assembly. 

3.  Upon    every   subscription    there    shall    be    paid    tO    the  COmmis- Payment*  on 

sionera  one  dollar  at  the  time  of  subscribing,  and  the  residue  thereof 
as  required  by  the  president  and  directors. 

4.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Cfl  \r.  L62. — An  ACT  to  organize  the  Metropolitan  Guard  of  Richmond. 
Passed  April  4, 1861. 

Whereas  it  is  represented  that  a  number  of  citizens  of  Richmond  Preamble 
and  its  vicinity  have  formed  a  company,  and  are  ready  and  willing 
to  arm,  equip  and  uniform  themselves al  their  own  expense,  and  form 
a  military  company  not  exceeding  one  hundred  persons,  to  be  ready 
at  all  times  to  aid  the  state  and  city  authorities  in  defence  of  the  pro- 
perty and  homes  of  Richmond  and  its  vicinity: 

1.  Be  it  enacted  by   the   general   assembly,  that   the   governor  be  Commissions 
and  he  is  hereby  authorized,  as  soon  as  he  shall  receive  the  certificate 

of  the  adjutant  general  of  this  state  that  such  a  company  is  duly  or- 
ganized within  the  city  of  Richmond,  with  not  less  than  fifty  members, 
rank  and  file,  and   setting  forth   the  name.-  of  the  officer!   elected,  to 

amisstona  accordingly:  provided,  that  no  one  under  forty-  Proviso 
five  yean  of  age  shall  become  a  member  of  said  company,  and  that 

DO  Charge  -hall  he  imposed  on  the  treasury  of  the  state  on  account  of 

said  company. 

2.  That  such  company  shall  constitute  an  independent  military iadaptatai 

.  li/ation.  and   shall  be   subject   to  duty   under   their  own  oflk 
and   only  within   the  said   city   and   it-   \icinity.     A  majority   of  the 
members  of  -aid  company  may  adopt  SUch  by-law?,  as  may  | 

sarj  tor  its  government,  not  in  conflict  with  the  eonstitation. 


'■<.    The  right   is  hereby  reserved   to  the    governor,  for  good   CQUSC  t-nmiiilMlom, 
shown,  to  withdraw  the  com;;  med   "'ider  this  act,   and  to  wU     • 

disbi  ompany. 

1.  hall  be  in  state  from  its  pCttaf  -nonceineot 


250 


VOLUNTEEB    BATTALIONS,    ETC. 


(  hap.  183. — Aii  ACT  to  amend  the  I  si  section  <>t"  ao  act  entitled  an  a 
the  encouragement  of  certain  \  ii        y  Com]  tnies  in  thi 

\  \  1 1 1 » 1 1 1 1  ;_r .  passed  March  87,  1868. 

Paw  .1  February  IS,  U 

1.  Be  it  enacted  by  the  general  atseinbly,  thai  the  first  section  of 
an  aot  entitled  an  act  for  tin-  encouragement  of  oertain  volanteez 
military  companies  in  tin-  city  of  Wheeling,  be  amended  ami  re- 
enacted  m'  BS  tn  read  as  follows  : 


■uting 
members 


"§  1.  Be  it  enacted  by  tin-  general  assembly,  thai  fur  tin-  purpose 
of  encouraging  tin-  volunteer  military  companies  in  the  city  of 
Wheeling,  known  as  the  'Virginia  state  Pendbles,'  the  'Wheel- 
ing Riflemen,'  and  Company  •("  of  the  fourth  regiment,  it  shall  he 
lawful  fur  each  of  the  said  companies  to  enroll,  in  addition  to  the 
number  now  required  by  law.  fifty  members,  to  he  designated  'con- 
tributing members;'  " 


Commencement       2.    This  act  shall  he  in  force  from  il-  pfi 


(  ii  w.  nil. — Aii  ACT  to  authorize  an  issue  of  Arms  to  Titus  A'.  Will', 
the  County  of  Tazewell,  for  the  use  of  an  Academy. 

l';i.--«-.l  April  'J.   lftil. 

Preamble  Whereas  it  is  desirable  that  the  youth  of  Virginia  should  be  trained 

and  educated  with  a  knowledge  of  military  tactic.-:  and  whereas 
TitUS  A'.  Williams,  a  graduate  of  the  Virginia  military  institute,  is 
now  conducting  an  academy  at  .lelfersonville  in  the  county  of  Taze- 
well, where  military  training  constitutes  one  of  the  fundamental 
branches:  and  whereas  the  general  assembly  of  Virginia,  by  its 
support,  will  endeavor  to  .stimulate  and  encourage  such  a  spirits 
Therefore, 


When  armB  to 
led 


l'roviiso 


I.  Be  it  enacted  by  the  general  assembly,  thai  whenever  the  su- 
perintendent  of  either  of  the  public  arsenals  shall  receive  an  order 
from  the  governor  for  the  issue  of  arms,  accoutrements  or  equip- 
ments, not  exceeding  the  necessary  number  for  fifty  men.  and  shall 
also  receive  from  the  said  Titus  Y.  Williams  triplicate  bonds  with 
surety,  as  is  now  provided  tor  by  section  second  of  the  twenty- 
seventh  ohapter  of  the  Code  of  Virginia,  that  then  the  said  Williams 
shall  he  entitled   to  the  use  of  such   arms   for   his  academy  aforesaid, 

and  he  liable  for  their  preservation  ami  safety  as  are  the  com- 
mandants of  companies  now  provided  for  by  law  :  provided,  how- 
ever, the  governor  shall  not  authorize  the  issue  to  said  party  of  any 
arms  that  in  his  opinion  are  suitable  for  troops  in  active  service. 


VOLIXTAKY    ENSLAVEMENT.  251 

2.   The  said  Williams  shall  have  power  to  transfer  to  any  other  How  trail 
duly  qualified  instructor  the  said  arms,  accoutrements  or  equipments : 
provided  his  said  successor  Bhall  execute  bond  in  the  same  manner 
as  herein  before  provided. 

;j.   This  act  shall  be  in  force  from  its  passage.  Commencem'u: 


Chap.  165. — An  A.CT  providing  for  the  voluntary  enslavement  of  George, 
.  Sam  and  Sukey,  persons  of  color  in  the  County  of  Buckingham. 

.]  February  28,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  thai  it  shall  be  lawful  Negroes  to 
for  George,  Shed,  Sam  ami  Sukey.  uegroes  who  were  manumitted  by 

the  Last  will  ami  testament  <>f  Archibald  T.  Gordon  deceased,  of  the 
county  of  Buckingham,  to  select  a  master  for  themselves,  upon  the 
terms  and  conditions  herein  after  mentioned. 

2.  Should  tin-  said  negroes  select  a  master  for  themselves,  it  shall  PeUtion,nai» 
be  lawful  for  them  to  tile  a  petition  in  the  circuit  court  of  Bucking- 
ham, at  any  regular  term  then  of.  Betting  forth  their  desire  to  select  a 

master,  ami  the  name  of  the  person  so  desired  to  he  selected  as  owner ; 
which  said  petition  shall  lie  signed  by  the  petitioners  in  the  presence 
of  two  witnesses. 

.'?.    The  court   in  which   such   petition   shall  have  been  filed,  npon  Snmmoni 
the  filing  of  said  petition,  shall  cause  to  he  summoned,  to  appear  he- 
fore  said  court,  both  the  petitioners  and  the  person  designated  in 
said  petition. 

■1.   Upon  the  appearance  of  the  petitioners  and  the  person  desig- Examination, 

...  ...  ,     ,,  i  .  ,  1|,,W  made 

nateci  in  the  petition,  the  court  shall  pr<  •  CD  party 

•  h  other  person  I  court  may  see  fit. 

eh  examination  the  attorney  for  the  commonwealth  shall  be 

nt.  and  see  that  the  examination  is  properly  conducted,  mid 

that  no  injustice  is  done  the  petition 

.".   If  upon  such  examination  the  court  shall  he  satisfied  that  there  Dntym  : 
i  illusion  between  the  parties,  and  that  the  petition* 
should  the  prayer  of  the  petition  I  I,  will  be  the  bona  tide 

.  Dated  in  the  petition,  tl  onrl  shall 

upon  it-  records  that  the  petitioners  by  name 

bed  in   said   peti- 
tion: whereupon  the  absolute  property  in  ■ 

shall  vest,  from   the   tim< 

ami  purposes  whatsoever:  provided.  1 
that   the   p  ',d.   with  "' 


■J-VJ 


VOLUNTARY    ENSLAVEMENT. 


rity  approved  by  said  court,  in  inch  reasonable  penalty  as  it  may 
proscribe,  eeaditiened  tliat  the  said  negroes,  dot  any  of  them,  shall 
not  become  chargeable  bo  the  said  comity  of  Buckingham,  »n- 1<>  any 
other  oonnty  in  this  commonwealth :  provided  farther,  that  Bhonld 
any  of  tin-  Bald  persona  bo  enslaving  themselves  beat  any  time  hero- 

t  convicted  <>f  any  orhne  punishable  by  death  or  transportation, 
the  owner  or  owners  of  Bach  person  shall  not  receive  from  the  com- 
monwealth <>f  Virginia  any  compensation  tor  Bach  person. 

ii.  Upon  the  decision  of  .-aid  court  that  tin-  said  aegroes  shall  be 
the  slaves  of  the  person  so  designated  as  master  in  said  petition,  all 
the  estate  to  which  said  negroes  are  entitled  under  the  will  of  said 
Archibald  'I'.  Gordon  deceased,  shall  become  vested  in  such  person, 

and  he  shall  have  the  righl  to  ask,  demand,  sue  for  and  recover  SOOh 
estate  for  hi-  own  \\>v.  And  any  suit  now  pending  in  the  names  of 
said  aegroes  for  the  recovery  of  said  estate,  shall  not  abate,  but  on 
the  motion  of  such  person  so  selected  as  master,  he  may  he  entered 
a-  plaintiff,  and  Bach  suit  shall  be  prosecuted  in  his  name  to  ;i  final 
decree. 


Commencement       7.    This  act  shall  be  in  force  from  its  passage. 


N'f-pror-s  to 

master 


Chap.  166. — An  ACT  to  provide  for  the  voluntary  enslavement  of  Thomas 
Garland  and  Mary  Anderson,  persons  of  color  in  the  County  of  Hanover. 

Passed  March  12,  1861. 

l.  Be  it  enacted  by  the  general  assembly,  that  it  shall  he  lawful 
for  Thomas  Garland  and  Mar]  Anderson,  two  of  the  aegroes  who 
were  manumitted  by  the  last  will  ami  testament  of  Wilson  15.  Clarke 

deceased,  of  the  county  of  Hanover,  to   select    a   master  or   mistress 
upon  the  terms  and  conditions  herein  after  mentioned. 


Petition,  how  2.    Should  the  said,  negroes  select  a  master  or  mistress,  it  shall  be 

lawful  for  them  to  file  a  petition  in  the  circuit  court  for  Hanover,  at 
any  term  thereof,  Betting  forth  their  desire  to  select  a  master  or  mis- 
tress, and  the  name  of  the  person  so  desired  to  he  selected  as  an 
owner;  which  said  petition  shall  he  signed  by  the  petitioners  in  the 
presence  of  two  witnesses. 

Summons  issued      3.    The  court    shall,  upon   the  filing  of  said  petition,  caused  to  be 

summoned  to  appear  before  the  said  court,  on  a  day  designated,  both 
the  petitioners  and  the  person  so  designated  in  said  petition. 


4.  Upon  the  appearance  of  both  the  petitioners  and  the  person 
designated  in  the  petition,  the  court  shall  proceed  to  examine  each 
party  separately,  as  well  as  such  other  persons  as  the  court  may  see 


VOLUNTARY  i:\sLAYEMENT.  253 

fit.    At  such  examination  the  attorney  for  the  commonwealth  shall 
be  present,  and  see  that  such  examination  is  properly  conducted,  and 

that  no  injustice  is  done  the  petitioners. 

.">.  [f  upon  such  examination  the  court  shall  be  satisfied  that  there  Examination, 
is  no  fraud  nor  collusion  between  the  parties,  and  that  the  petition- 
ers, should  the  prayer  of  the  petition  lie  granted,  will  be  the  bona 
fiilo  -Inves  of  the  person  designated  in  the  petition,  the  said  court  Duty  and 
shall  cause  to  he  entered  upon  it <  records  that  the  Baid  petitioners  by 
name  have  selected,  as  master  or  mistress  of  themselves,  the  person 
to  designated  in  said  petition;  whereupon,  the  absolute  property  in 
said  negroes,  as  slaves,  shall  vest,  from  the  time  of  such  entry,  in 
tin'  person  so  chosen  as  master  or  mistress,  to  all  intents  ami  purpo 

as  it   such  petitioners  had   never  been  free:   provided,  however,  that  Master  1 
i  ii  •  i     ii  -ii'     into  bond 

tlie  person  so  selected  as  master  or  mistress  shall  enter  into  bond  m 

such  penalty  as  the  court  may  deem  sufficient*  with  good  security. 
that  tin'  said  petitioners  shall  not  at  any  time  become  chargeable  on 
any  county  of  this  commonwealth  :  and  provided  further,  that  in  the  In  ewe  of  eon- 
<  \(  n:  of  the  future  conviction  of  either  of  the  said  negroes  of  any 
crime  punishable  with  death  or  transportation,  the  oommonwealsh 
shall  not  he  liable  to  the  owner  of  such  negro  for  a  greater  sum  than 
is  obtained  lor  the  said  negroes,  after  deducting  the  costs  of  prosecu- 
tion and  transportation. 

ii.    This  act  shall  he  in  force  from  its  passage.  Commencement 


CHAP.    167. — An  ACT  providing  for  the  voluntary  enslavement  of  J 
I    \  nc,  Mary  Fl<  tcher  and  Glives. 

1.     P.o  it  enacted   lty  the  general   assembly,  that   it   shall  be  lawful  Negroes  to 

ri  i>  -»r        '    ti    .     i  1  r*v  1  ChoOM  BUM 

For  Jane  Payne,  Mary  Fletcher  and  Grhves,  negroes  who  were  manu- 
mitted by  the  law  will  and  testament  of  Charles  R.  Ayres  deceaw  d, 
of  the  county  of  Fauquier,  to  select  a  master  or  mistress  for  them- 
selves, upon  the  terms  and  condition-  herein  after  mentioned. 

Should  the  said  neg  et  a  master  or  mistress  for  them- Petition,  kow 

nid  iheir  children,  it  shall  he  lawful  for  them  to  file  a  petition 
in  the  circuit  court  of  Fauquier,  at  any  regular  term  tl 
forth  their  1   the  name  of  the 

ted  as  owner;  which  said  petition  shall 
petitioner  in  the  pn  two  witnesses. 

rhe  court  in  which  such  petition  shall  n  Mod,  upon  namnwi 

the  fil  l  i"  tition,  shall  <  si  I  bo  appear  be- 

nd the  p 

n. 


254  VOLUNTARY  ENSLAVEMENT. 

Kxnmination,  1.  Upon  tin-  appearance  of  tin-  petitioners  and  tile  person  design 
nated  in  the  petition,  the  oonrl  shall  prooeed  to  examine  eaoh  party 
separately ,  as  well  assnehothei  persons  as  said  court  may  see  Hi.  At 
null  examination  the  attorney  for  the  commonwealth  shall  be  pre- 
sent, and  see  that  the  examination  is  properly  conducted,  and  that 
no  injustice  is  done  the  petitioners. 

Duty  and  power     5.   If  upon  such  examination  the  oonrl  shall  be  BatisBed  thai  there 
is  no  fraud  or  OOUnsion  between  the  parties,  and  that  the  petitit 
should  the  prayer  of  the  petition  he  granted,  will  be  the  bona  fide 

slaves  of  the  person  designated  in  the  petition,  the  said  eourt  shall 
cause  to  be  entered  apon  its  records  that  the  petitioners  by  name 
have  selected  as  their  master  or  mistress  the  person  so  designated  in 
said  petition;  whereupon,  the  absolute  property  in  said  negroes,  at 
slaves,  shall  vest,  from  the  time  of  such  entry,  in  tin1  person  so  chosen 
Master  to  enter  as  master  or  mistress,  to  all  intents  and  purposes  whatsoever:  pro* 
videil,  however,  that  the  person  so  selected  as  master  or  mistress 
shall  enter  into  bond,  with  security  approved  by  said  court,  in  such 
reasonable  penalty  as  it  may  prescribe,  conditioned  that  the  said  ne- 
groes, nor  any  of  them,  shall  not  become  chargeable  to  the  said 
county  of  Fauquier,  nor  any  other  county  of   this  commonwealth; 

In  ease  of  con-    and  provided  further,  that    should   any  of   the   said   persons  so  en- 
riction  for  crime    ,      •        ,,  ,         ,  ,  ,•  .   j     * 

slaving  themselves  heat  anytime  hereafter  convicted  01  any  crime 
punishable  by  death  or  transportation,  the  owner  or  owners  of  such 
person  shall  not  receive  from  the  commonwealth  of  Virginia  any 

compensation  for  such  person. 

Commencement        6.    This  act  shall  lie  in  force  from  its  passage. 


CHAP.  168. — An  ACT  for  the  voluntary  enslavement  of  Fanny  Matthews, 
without  compensation  to  the  State. 

PaBse.l  March  13,  LB61. 

ranny  to  choose  1.  Be  it  enacted  by  the  general  assembly,  that  it  shall  he  lawful 
for  Fanny  .Matthews,  a  free  woman  id'  color,  now  in  the  county  id' 
Page,  to  appear  before  the  county  court  id'  said  county,  and  make 
application  thereto  for  leave  to  Select  a  master  for  herself,  and  to  be- 
come a  slave-. 

Duty  of  conrt  2.  Upon  the  appearance  before  said  court  of  said  Fanny  Matthews, 
above  named,  and  the  person  she  wishes  to  select  as  master,  the  court 
shall  proceed  to  examine  each  party  separately,  as  well  as  such  other 
persons  as  the  said  court  may  see  lit.  At  such  examination  the  attorney 
for  tin-  commonwealth  shall  he  present,  and  see  that  such  examina- 
tion is  properly  conducted,  and  that  no  injustice  is  done  to  the  appli- 
cant. 


PARDONS   TO    SLAVES.  255 

3.  If  upon  such  examination  the  court  shall  bo  satisfied  that  there  rower  of  court 
is  no  fraud  or  collusion  between  the  parties,  and  thai  there  is  no  good 
reason  to  the  contrary,  the  said  court  shall  have  leave  to  grant  the 
application  without  any  compensation  to  the  commonwealth;  bui  the 

individual  thus  chosen  master  shall  enter  bond  with  approved  security. 
in  such  penalty  as  the  court  shall   prescribe,  with  condition   that  said 

negro  shall  not  become  chargeable  to  any  county  or  corporation  in 
the  commonwealth. 

1.   The  proceedings  in  such  case  shall  be  entered  of  record,  and  Proceeding*, 
the  property  in  said  negro  as  a  slave  shall,  from  the  time  of  such 
entry,  vest  in   the  person   chosen   as  master;   and  his  rights   and  lia- Property 
bilities  and  the  condition  of  the  applicant  shall  in  all  respects  be  the  '" 
same  as  though  such  negro  had  been  horn  a  slave. 

5.  The  costs  of  the  proceedings  shall  be  paid  by  the  master.  Costs 

6.  'This  act  shall  be  in  force  from  its  passage.  Commencement 


169. — An  ACT  authorizing  the  Governor  to  pardon  slaves  Jack  and 
1'.'  a.  and  restore  them  to  their  tenner  owner. 

Passed  March  21,  1861. 

1.   r.e  it  enacted  by  the  general  assembly,  that  the  governor  be  Slaves,  how 
and  he  is  hereby  authorized  to  pardon  and  restore  to  V.  X.  Fitzhugh, '  'r 
or  his  authorized  agent,  two  slaves  Jack  and  Ben,  condemned  by  the 
county  court  of  Caroline  for  sale   and   transportation:   which   bIi 
were  before  their  conviction  the  property  of  said  Fitzhugh:  pro- 
vided, that  the  said  F.  X.  Fitzhugh  shall  not  he  entitled  to  the  bi 
fit  of  this  act  until   he  shall  pay  the  costs  and  expenses   incurred  by 
the  commonwealth  in  the  prosecution  or  conviction  of  said  slaves,  or 
in  any  other  manner,  nor  until  he  Or  some  one  for  him   shall   enter  Bond 
into  bond  before  the  governor,  payable  t"  the  commonwealth,  with 
good  and  sufficient  sureties,  and  conditioned  for  the  removal  of  said 
-  beyond  the  limits  of   the  commonwealth  within   such  time  as 
the  governor  may  prescribe. 

shall  be  in  force  from  its  p 


Chap.  170 — An  ACT  to  tuthoi  G    rernor  of  the  Commonwealth  to 

I.  Be  it  enacted  by  ly,  thai  the  governor  of  therjorenor 

commonwealth  be  and  h<  i  pardon  n 

prop  rt\  of  i  \\". 


PARDONS    TO    SI.' 


('lift  <if  Alabama),  condemned  by  tin-  county  cowl  of  Amherst 
comity  for  sale  .-iinl  transportation  beyond  the  limits  <>f  the  United 

Mai.-.  :ui«l  to  deliver  said  slave  to  tin  BTg«  W.  Clift,  <»r  his 

authorized  agent  :  provided,  thai  die  costs  of  trial  and  nil  other 
and  dial  have  been  incurred  by  the  commonwealth  to  this 

date,  or  may  result  from  the  execution  of  the  power  hereby  voted  in 
the  executive,  .-li.ill  be  paid  by  the  isaid  ('lift  before  this  act  shall  take 
Bond  effect:  and  provided  further,  that  the  said  Gh  W.  Clift  shall  not 

lie  entitled    to    tile    ltclielit   of   this    act    Until    he    .,]•    scillle    nlic    for    hint 

shall  have  entered  Into  bond  before  the  governor,  with  good  and 
sufficient  security,  payable  to  the  commonwealth,  in  the  penalty  of 
three  thousand  dollars,  and  conditioned  lor  the  immediate  removal  of 

said  slave  beyond  the  limits  of  this  stale. 
Commencement        2.    Thii  art  shall  lie  in  force  from  il<  passage. 


-nor 
aathoi 
pardon 


Chap.  171. — An  ACT  authorizing  the  Governor  to  pardon  slave  Bill,  and 
restore  him  to  his  former  owner. 

Pansi.l  April  'J.  lsi.1. 

1.  lie  it  enacted  by  the  genera]  assembly,  thai  the  governor  he 
ami  he  is  hereby  authorized  to  pardon  ami  restore  to  Emory  Edwards 
a  negro  slave  Bill,  condemned  I'm-  sale  and  transportation  by  the 
county  court  of  Jefferson  county;  which  slave  before  oonviotion  was 
the  properly  of  said  Edwards:  provided,  that  the  said  Emory  Ed- 
wards shall  not  DC  entitled  to  the  Item-lit  of  this  act  until  he  shall 
have  paid  the  costs  and  expenses  incurred  by  the  commonwealth  in 
the  prosecution  or  oonviotion  of  said  slave  or  in  any  other  manner, 
nor  until  1m-  shall  have  entered  into  bond  before  the-  governor  ox 
some  court  of  record  of  either  Maryland  or  Virginia,  in  a  penalty  of 

fifteen   hundred  dollars,  with  -nod   security,  to  he  approved   by  such 

court;  which  bond  shall  he  payable  to  tile  commonwealth,  and  con- 
ditioned lor  the  removal  of  said  slave  hevoiid  the  limits  of  tin-  com- 
monwealth: which  bond  shall  he  entered  of  record  in  the  clerk's 
Office  of   the   court    taking  the   same:   and   a  copy   thereof,  properly 

certified  to  the  governor,  shall  he  sufficient  evidence  of  the  execution 

thereof. 
Commences  i  2.    This  a:i  shall  he  in  force  from  \\<  passage. 


Bond 

Penalty 


Chap  IT'.'. — An  ACT  i"  authorize  the  i^vrnmr  t<>  pardon  a  slave  John 
Kicks,  and  restore  turn  to  bis  former  owner. 

r    ied  April  2,  I  i 

mor  I.   Be  it  enacted  by  the  general  assembly,  that  the  governor  be 

pardon**0     a11^  ae  '•*  hereby  authorized  to  pardon  and  restore  to  Charles  \V. 


PROTECTION   OF   FISHERIES.  2-)  t 

Gilliam,  or  his  accredited  agent,  a  negro  slave  John  Hicks,  con- 
demned by  the  county  court  of  New  Cent  county  for  sale  and  trans- 
portation: which  stare  was  before  oonviotion  the  property  of  said 
Charles  W.  Gtfham:  provided,  dial  the  said  Charles  W.  Qilhamsond 
shall  not  l"-  entitled  to  the  benefit  of  this  act,  nor  shall  it  take  effect 
until  he  shall  pay  all  the  costs  and  expenses  incurred  by  the  com- 
monwealth in  the  prosecution  or  conviction  of  said  slave,  or  in  any 
other  manner,  nor  until  he,  or  some  one  fur  him,  shall  enter  into 
bond  before  the  governor,  payable  to  the  commonwealth,  with  good 

and   sufficient  Beourity,  and  Conditioned  lor  the  removal  of  said  slave  conditions 
beyond  the  limits  of  the  commonwealth,  within  such  time  as  the  go- 
vernor may  prescribe. 

2.    This  act  shall  be  in  force  from  its  passage.  Commcncemcn- 


Cn.\r.  17:'  —  \n  ACT  for  the  protection  of  the  Fisheries  on  the  waters  of 
the  Chesapeake  Bay,  and  its  tributaries  below  tide  water. 

Passed  February  15,  LSI 

1.  Be  it  enacted  by  the  general   assembly,  that  from  and  after  the  Certain  fiablng 

this  act.  it  shall  be  unlawful  for  any  person,  not  a  resident  r,rohlblted 
of  this  slate,  to  fish  with  trawl   or  trot   lines  in  any  of  the  waters  of 
tie   <  Ihesapeake  bay  and  its  tributaries   below   tide  water  within  this 

state. 

2.  That  upon  complaint  being  made  on  oath  by  any  competent  Complaint 
person,  before  any  justice  of  the  peace  of  any  county  in  this  state, 

that  any  person  or  persons  who  do  not  reside  in  Virginia,  havi 

trawl  or  trot  lines   for  fishing  in  any  water  lying  wholly  or  partly  in 

such  county,  contrary  to  the  provisions  of  this  act,  it  shall  be  the  Daty  of  jnsttM 

duty  of  such  justice  to   issue   his  warrant,  directed  to  the   sheriff  or 

any  constable  of  such   county,   commanding  him   to   forthwith   take 

"f  suc]j  fishing  lines,  and  to  summon  the  owner  or  owi 
thereof  to  appear  before  him.  at  some  time  and  place  to  i.. 

tul  in  such   Wamat,  to  an~<,\er  the  charge  of  such  unlawful    fish  - 

The  said  justice  shall  examine  such  witni  j  be  produ* 

either  by  tin'  party  complaining  or  the  party  complained  of.  am]  i;    •  , 
shall  ly  appear  to  such  justice,  that  the  complaint 

•1  trawl  or  trot  lines  to  be  d(  -t  roved,  ami  adjs 

the  offending   partj  to  pay  tie  If  )t  shall  if  >   - 

app<  ar  tl  wnplahri  was  impp 

plaining  shall  1  pay  all  i  thereby,  and 

fdiall  lie  further  liable  for  dnmap  s  SO  any  party  injured  b\  any  such 

re. 

17 


258 


Additional 
p«nulticg 


nSH. — 0YSTEB8. 

::.  Any  party  offending  against  tin-  proviflioDi  of  this  act  by  such 
unlawful  fishing,  shall,  in  addition  to  the  penalties  ami  forfeitures 
preaoribed  by  the  preceding  section,  In-  (hud  nut  lees  than  fifty  nor 
more  than  five  hundred  dollars. 


■bmbmbi      4.   This  act  shall  be  in  force  from  il 


Chap.  174. — an  ACT  to  repeal  an  act  passed  19th  March  l  ruing 

tin  mode  of  catching  Fiah  in  certain  waters. 


Act  of  lsfti 


.  Marcb  -X.  1861. 

He  it  enacted  by  die  general  assembly  of  Virginia,  that  an  act 
passed  on  the  nineteenth  of  March  eighteen  hundred  and  sixty,  en- 
titled an  act  t"  prohibit  the  catching  of  fish  in  certain  waters  with 
end.  gill  or  threshing  nets,  by  Burronnding  them,  he  and  the  same  is 
hereby  repealed. 


CHAP.  IT.".. — An  ACT  to  amend   an  act   passed   31st  Of  March  I860,  entitled 

an  act  to  restrict  the  catching  of  Oysters  in  certain  months. 


I  March  B,  1861. 


Act  .  • 
ameij' 


I'..-  ii  enacted  by  the  general  assembly,  that  the  act  passed  the 

thirty-  lirst  day  of  March  eighteen  hundred  and  sixty,  entitled  an  act 
to  restrict  the  catching  of  oysters  in  certain  months,  he  amended 
ami  re-enacted  so  as  to  read  as  follows: 


When  oyiten 
may  be  taken 


Pro vi* 
Roftbampton 

eonnty 


I.  Hen  alter  it  shall  not  he  Lawful  to  take  or  catch  oysters  in  the 
waters  of  this  commonwealth  in  the  months  of  duly  and  August; 
and  any  person  offending  against  the  provisions  of  this  ad  shall  for- 
feit and  pay  for  each  Offence  the  sum  of  fifty  dollars;  to  he  recovered 
as  other  lines,  or  hy  judgment  of  any  justice  of  the  peace  of  the 
county  in  whose  jurisdiction  Buch  offence  may  he  committed]  pro- 
vided, that  nothing  herein  shall  he  so  construed  as  to  prevent  any 
person  from  catching  or  taking  his  own  planted  oysters  in  the  months; 
aforesaid:   provided,  however,  that  nothing  contained  in  this  act  shall 

have  the  effect  of  amending  or  repealing  the  act  passed  March  thirty- 
first,  eighteen  hundred  and  Bixty,  BO  far  as  the  waters  of  Northamp- 
ton county  are  concerned. 


Commencement       2.    This  act  shall  he  in  force  from  its;  pa«8agc. 


TRESPASSES. — CHURCH    PROPERTY.  259 


Chap.  176. — An  ACT  to  amend  the  first  Bection  of  an  act  to  prevent  Tres- 

-  'He  borders  of  the  Potomac  arA 
Stafford  and  King  I 

Phased  January  39, 


•HAT.     Kl>. .All    ;\l      I       III   HIIH'IIM     llir    1--. 

.  I  tepredadons,  vV<    along  the  borders  of  the  Potomac  and  other  tide 
waters  in  the  Counties  of  Fairfax,  8 


1.  TV  it  enacted  by  the  general  assembly,  thai  the  firsl  section  of  Art  of  tea 
an  act  entitled  an  aol  to  prevent  trespasses!  depredations,  &c.  along 
the  borders  of  the  Potomac  river  and  other  tide  waters  in  the  coun- 
ties of  Fairfax,  Stafford  and  King  George,  passed  the  twenty-eighth 
of  January  eighteen  hundred  and  sixty',  be  amended  and  re-enacted 
-I.  as  tn  read  as  follows  •• 

"§1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  if  Penalty  for 
any  person  shall  shoot,  hunt  or  range,  fish  or  fowl  on  the  land?  or  in  fishing,  '&.<•. 
the  water  courses  comprehended  within  the  survey  of  any  proprietor 

of  land-  in  the  county  of  Fairfax,  within  five  miles  of  navigable 
tide  water,  without  license  in  writing  from  the  owner  of  Baid  lands, 
or  hunt  or  shoot  along  any  public  road,  he  shall  forfeit  to  the  in- 
former three  dollars  for  the  first  offence,  six  dollars  for  the  second, 
and  nine  dollars  for  each  succeeding  offence  :  the  forfeit  in  each  in- 
stance tn  be  double  if  the  offence  shall  be  in  the  night  or  on  Sunday  ; 
and  he  shall  likewise  forfeit  to  the  informer  in  each  instance  his  boat 
or  other  means  of  conveyance,  his  guns,  dogs,  and  all  his  shooting, 
hunting  and  fishing  apparatus,  and  be  liable  in  every  instance  for  all 
and  expenses  incurred  in  apprehending  him  and  prosecuting  for 
the  recovery  of  said  forfeitures.'* 

i.    This  act  shall  be  in  force  from  its  passage. 


Chap.  177.— An  ACT  authorising  tin    I  e  M  D   trie* 

•  borrow  money  and 
i  trust  tu  secure  the 

■ 

1.    Be  it  enacted  by  the  general  assembly,  that  Andrew  L.  Fiizer,  rrutaw 

bell,  Zebulon  Boon,  Eldridge  Anderson,  Andre*  J.  Lucas  and  Ilar-m0Dcy 
vey   Mack,  trnsl  on  the  < 

ti   hundred   and   s:\ty.  by  H.  K.  Blair,  commit- 
it.  to   hold  a  house  and    lot  in  the  tOWU 

lem  for  tl  •■  ii-    of  the  Meth< 

elder  of  the  Mt  tie 
church  in  B  I  t   BOOMf 

.  for  the  purpose  of  |>a\  ii 
i  i  ill 

due  u ;  uw)  dollar* 

npon  tin 


(  III  1U  II    I'KOPERTY. 

house  and  l«>t.  with  such  covenants  a>  to  time  and  termi  of  sole  as 
may  1"'  agreed  on  between  said  I  d  the  party  loaning  them 

the  money.  The  Baid  trustees  ox  any  five  of  them  are  also  autho- 
rized and  empowered  to  execute  such  a  deed  of  trust  as  will  scoure 
any  person  <>r  persons  who  may  have  advanced  or  may  hereafter 
advance  money  to  pay  for  said  house  and  1» <t . 

Commencement       2.    This  act  shall  be  in  force-  from  its  passage. 


(  ii  \i'.  178 — An  A<  T  authorizing  the  Trustees  of  the  Firsi  Presbyterian 
(  hurch  in  the  City  of  Portsmouth  to  execute  a  deed  of  trust  <>n  Bald  pro- 
perty. 

PuSttd  I-Yl.ruary  13.  1811. 

Preamble  Whereas,  it  is  represented  to  the  general  assembly  of  Virginia, 

that  tin-  trustees  of  the  First  l'rc-byteiian  church  of  the  city  of 
Portsmouth,  for  the  purpose  of  erecting  a  suitable  building,  as  a 
residence  for  their  minister,  on  a  lot  purchased  fox  that  purpose, 
have  contracted  a  debt  for  money  borrowed  by  members,  and  that 
they  are  desirous  of  securing  the  payment  of  the  same:   Therefore, 

-  autho-      1.   Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful 

trust    C  for  the  legally  constituted  trustees  of  said  church  to  execute  a  deed 

of  trust  upon  the  lot  and  improvements  so  purchased  by  the  .-aid 

trustees  of  the  said  church,  situate  imM he  east  side  of  Middle  street, 

between  North  and  Grlasgow  streets,  for  the  purpose  of  seeming  any 
debts  heretofore  contracted  for  money  borrowed  ox  advanced  to  aid 

in  the  erection  of  said  building,  OX  of  securing  any  loan  made  to 
them  for  that  purpose;  which  deed  shall  be  Bubjecl  to  the  provisions 
of  chapter  one  hundred  and  seventeen  of  the  Code  of  Virginia,  and 
shall  be  as  effectual  as  if  executed  by  an  individual. 

i '.oniinencemeiit      2.   This  act  shall  be  ill  force  from  its  passage. 


Chap.  l?9. — An  ACT  to  authorise  the  sale  of  certain  Church  Property  in 

the  'l'"\\  n  of  Moorefield. 

i  Hard)  18,  1861. 

Preamble  Whereas  Joseph  Vanmetex  and   seventy-five  others,  citizens  of 

Hardy  county,  have  petitioned  the  general  assembly  to  pass  an  act 
to  authorize  the  sale  of  a  certain  lot  of  land  and  brick  building 
thereon,  in  the  town  of  Mooretield  in  the  county  of  Hardy,  which 
was  conveyed  by  I  icorge  Harness,  junior,  to  Edward  Williams,  James 
Machir  and  Samuel  McMechen,  by  deed  dated  the  tenth  day  of  May 


LAWFUL   FENCE. — UNLAWFUL   ASSEMBLAGE   OF   NEGROES.  2(il 

eighteen  hundred  and  sixteen,  and  recorded  in  the  county  court  of 
said  county,  as  a  place  for  public  worship  :  and  whereas  it  is  repre- 
sented thai  said  property  is  no  longer  desired  as  a  place  of  worship 

by  any  persons  entitled  to  use  it  as  such  :    Therefore, 

1.  Be  it  enacted  by  the  general   assembly,  that  any  citizen  of  the  Howpi 
town  of  Mooreficld,  upon   giving  at  hast  four  weeks'  notice  by  puh- 
lioation  in  a  newspaper  published  in  Mooreficld,  may,  by  petition, 
apply  to  the  said  county  or  circuit  court  of  Hardy  county,  to  make 

sale  of  said  lot  :  which  application  may  he  contested  by  any  one  op- 
posed to  such  sale:  and  the  said  court,  after  examining  such  wit- 
nesses as  may  he  produced  before  it.  and  hearing  all  parties,  may 
di  I  n  e  a  Bale  of  said  property  in  such  manner  and  on  such  terms  ai 
it  may  deem  just,  and  direct  the  proceeds  to  he  appropriated  for  the  Proceeds, 
benefit  of  the  poor  of  said  county,  or  for  educational  purposes  therein,  10 
as  it  may  think  proper. 

2.  This  act  shall  he  in  force  from  its  passage.  Commcn> 


(  ii  \r.  180, — An  ACT  constituting  a  pari  of  the  Ohio  River  a  lawful  fei 

i  Karcb  37 

1.  Be  it  enacted  by  the  general  assembly,  thai  the  '  Ihio  river,  from  r:irt  ,, 
tin'  lower  end  of  David  Long's  farm,  adjoining  the  town  of  Point  fe^* 

Pleasant   in    Mason  county,  up   to  the  mouth  of  Mill   creek   in   said 
county.  B  distance  of  ahmit  seven  and   a  half  miles,  he  and  the  same 

ii  hereby  constituted  a  lawful  fence. 

2.  Tbil  ad  shall  be  Ul  force  from  its  passage.  Comment 


Chap   181  —An  ACT  authorizing  the  Common  Council  of  tho  City  of  Pe- 

tetsburg  to  declare  what  ii  in  unlawful  assemblagi 

tin.-  punishment  tfa< 

1.  I',  i;  enacted  by  the  general  assembly,  thai  the  common  ootu 

oil  of  the  iay  declare  what  in   said  city  shall  he  ' 

an  unlawful  assemblage  "f  di  grot  -■  and  ma]  i  mpower  the  officers  of 

bl]  and  M  )7<-  such 
nd  ma]  prescribe  the   punishment  '<f  such  negroes  and  the 
fine  to  1  h  an  unlawful  assembly 

on  bis  1"'  ot  t< m  meat. 

2.  I  -hall  lie  in  force  fan  its  passage. 


(  OUNTY    INSPECTION    OF    LEATHER. 


r,  how 


. 


rf.iting 
brnuds,  4c 


(  bap.  188. — An  Act  to  i  itablisfa  an  Edbd  ither  f<>r  tin-  County 

-hire, 
i  Karefa  H 

1.  Be  it  enacted  by  the  general  assembly,  thai  the  county  court  of 
Hampshire  may  at  its  Kay  term  in  each  yearappoinl  an  inspector  or 
inspectors  of  leather  for  the  said  oounty;  and  the  person  or  peraoni 
bo  appointed  shall,  before  entering  apon  (he  duties  of  his  or  their 
office,  take  before  the  clerk  of  said  oonrt  an  oath  thai  be  <t  they  will 
honestly  and  faithfully  discharge  the  duties  of  said  office;  bnl  no 
person  engaged  in  the  manufacturing,  trading  in  or  rending  leather, 
individually  <>r  as  a  partner,  or  as  agent,  clerk  or  employee  of  a 
mannfactnrer  or  vendor  of  <>r  trader  in  leather,  shall  be  appointed  to 
such  office. 

2.  It  shall  be  the  duty  of  every  inspector  so  appointed  to  provide 
himself  with  such  and  bo  many  proper  scales,  weights  and  stamps  as 
may  be  required  in  the  performance  of  the  duties  of  his  office  ;  and 
he  shall,  apon  request,  inspect  any  side  leather,  rough  harness  or 
rough   skirting   leather   within   the   county   of    Hampshire;    and   the 

manner  of  inspection  Bhall  be  as  follows,  vis  :  each  Bide  of  leather 
shall  he  accurately  weighed,  and  the  weight  thereof  shall  lie  branded 
or  stamped  thereon  in  plain,  strong  and  legible  figures,  expressing 
the  number  of  pounds  and  quarter  pounds  (if  any) ;  and  the  quality 
of  each  Bide  shall  also  he  Btamped  or  branded  thereon  in  plain,  strong 
and  legible  letters,  to  the  following  criteria  or  distinction ;  that  is  to 
if  ihe  Bide  is  of  good  quality  of  hide  and  of  the  best  manufac- 
ture, there  shall  be  stamped  or  branded  upon  it   the  word  "best;"  if 

the   side   be   of    good   quality  of  hide  and  of  g 1   manufacture,    the 

word  "good;"  if  the  side  be  el'  good  quality  of  hide  but  of  bad  manu- 
facture,   the   word    "bad;"    and    if    the   side    is   damaged,    the   word 

"damaged. "    There  shall  also  be  Btamped  or  branded  on  each  side 

inspected  the  surname  of  the  inspector,  and  the  words  ••  Hampshire 
county.  Virginia;"  and  any  such  inspector  shall  refuse  to  inspect 
any  leather  which  is  unmerchantahly  dark. 

3.  Every  such  inspector  shall  be  entitled  to  demand  and  receive 
for  his  servioes  two  cents  for  each  hide  inspected  by  him,  payable  by 

the  party  who  shall  emplo]  him;  but  the  passage  of  this  ad  shall  not 

impose  any  present  or  future  charge  on  the  treasury  of  the  common- 
wealth. 

4.  Any  person  who  shall  counterfoil  or  fraudulently  alter  any  one 
of  the  marks,  stamps,  brands  or  impressions  of  any  such  inspection, 
o:i  any  side  or  sides  of  leather  so  inspected,  shall  be  deemed  guilty 
of    a    misd<  meaner,  and    be   punishable  by  fine  not   exceeding    one 

hundred  dollars,  or  by  confinement  in  the  jail  of  Hampshire  county 
not  less  than  three  nor  more  than  six  months,  at  the  discretion  of 
the  court. 


Commencement      5.  This  act  shall  be  in  force  from  its  passage. 


JURIES. CONVEYANCE.  20:! 


Chap.  183. — An  ACT  to  coma en  is be  Juries  serving  on  Coroners1  Inquests 
in  the  Counties  of  New  Kent.  Charles  City,  James  City.  York.  Warwick 
and  Elizabeth  (  ity,  and  also  the  Cities  of  Williamsburg  and  Norfolk. 

i  January  IT.  186L 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  thai  here- Whan  jurors  to 

r  ■  '  ■  '  ,    ,i   i  r        i     ■  receive  pay- 

after  jurors  serving  on  n  coroner's  inquest  shall  have  for  their  ser- 
vices, in  the  counties  of  New  Kent.  Charles  City,  James  City,  War- 
wick, Vnvli  ami  Elizabeth  city,  the  mum  of  one  dollar  each  in  every 
case :  and  in  the  cities  of  Williamsburg  and  Norfolk,  tli«'  ram  <>f  fifty 
rent-  cadi  for  every  inqnesl  held  within  the  limits  of  each  city?  to 
be  paid  ont  of  any  unappropriated  money  in  the  treasury  of  the 
county  or  corporation. 

2.  This  act  shall  be  in  force  from  its  passage.  Conmuno 


Chap.  184. — An  ACT  to  authorize  the  Circuit  Court  of  Preston  County  to 
legs  QVeyance  <>f  a  tract  of  land  mad"  l>y  Andrew  Oliphan! 

guardian  or  committee  of  William  Smith,  an  idiot. 

\  Mar.h  1."..  18IU. 

Whereat  it  is  represented  to  the  general  assembly,  thflt   one  Wil-  Preamble 

liam  Smith,  a  citizen  of  the  state  of  Pennsylvania,  departed  tliis 

life  intestate,  about  the  year  eighteen  hundred  and  ten,  leaving  a  son 

named  William,  who  was  an  idiot  from  his  birth,  and  a  daughter 

named  Esther,  being  the  only  children  and  heirs  at  law  of  the 

William  A.  smith:   That  the  said  William  A.  Smith,  at  the  time  of 

hii  death,  irai  seised  and  possessed  of  lands  in  the  said  state  of 

Pennsylvania,  aa  well  as  laud-  in  the  state  of  Virginia  \   that  shortly 

after  the  death  of  the  said  William   A.  Smith,  one  Andrew  Oliphan! 

Inly  appointed  guardian  or  committee,  in  the  stab  ol  Pennsyl- 

md  by  an  act  of  the  legislature  of  Pennsyl- 

.  authorized  to  sell  the  lands  of  said  idiot  in  thai  state:  that 

Smith  intermarried   with  one  Samuel   Griffin:    that 

kid  Oliphant,  supposing  that  he  had  the  ri;dit  to  convey  the  land 

oled  to  In;-  ward  aforesaid  in  Virginia,  did  join  the  said  Griffin 

and  wife  in  the  sale  of  a  tract  of  land,  then  in  the  county  of  Mmion- 

,n  the  county  of  Preston,  to  one  David  Simpson,  contain- 
er hundred  and  fiftg  1  executed  a  deed,  together  with 
lid  Griffin  and  wife,  to  the  said  Simpson  for  said  four  hundred 
and  fiftj  ■               or  about  tin-  fourteenth  ■  teen 
hundred  and  fifteen,  and  that 

of  the  d<  ind  hi  and  hii  alien.-.  -  fa 

J    po ion    1  that    the    land    il    DOW 

highly  impro\  i  d  by  the  said  Simpson  and  thow  holding  und<  r  him.     It 
is  further  i  d  that  the  said  Simpson,  at  the  tune  of  the  pur- 


264 


MILLS. 


chase  aforesaid!  paid  a  full  and  adequate  price  for  said  land,  and 
that  a  moiety  of  the  purchase  money  was  expended  f'>r  tin-  mainte- 
nance and  comfort  of  tin-  said  idiot  :  tliat  the  said  idiot  is  a  resident 
of  this  state;  is  very  old  and  infirm,  and  in  tin-  course  of  nature 
most  depart  this  life  in  a  very  few  years:  mid  thai  the  children  of 

the  s;iid  Esther  Griffin  (she  and  her  husband  being  long  BinCO   dead) 

threatened  t<>  assert  their  title  t<>  a  moietj  of  laid  land  bo  sold  to  the 
■aid  Simpson,  as  heirs  at  law  of  their  said  idiot  ancle,  so  soon  as  he 
departs  this  life  :  Therefore, 


How  l.ill  filed 


How  suit  i'iv- 
.-<ecuted 


Decree 


1.  Be  it  enacted  by  the  general  assembly,  thai  it  shall  be  lawful 
for  the  alienees  of  the  sai<l  Simpson,  or  any  one  or  more  of  them, 
their  heirs  or  assigns,  to  file  their  bill  in  the  circuit  court  of  Preston 
county,  making  all  proper  parties  defendants  thereto,  including  those 
who,  mi  the  death  of  said  idiot,  would  lie  his  heirs,  to  be  proseonted 

as  other  suits  in  chancery:  and  npon  proof  of  all  the  facts  above  re- 
cited and  represented,  if  the  said  court  shall  be  of  opinion,  on  the 
hearing  of  the  cause,  that  the  said  David  Simpson, and  those  holding1 
under  him,  ought  to  have  their  title  confirmed  and  perfected  as  to 
the  moiety  of  the  said  idiot,  BO  sold  and  conveyed  by  the  said  Andrew 
Oliphant,  it  shall  be  lawful  for  said  court  to  decree  accordingly,  and 
appoint  a  commissioner  to  execute  a  deed  conveying  to  Buch  person 
or  persons  as  may  at  the  date  of  said  decree,  hold  the  said  land  or 
any  portion  thereof,  mediately  or  immediately  from  or  under  the  said 
David  Simpson. 


Commencement      o.    This  act  shall  be  in  force  from  its  passage. 


Authority  to 
rebuild  mill 


I/nnitiition  us 
to  time 


Chap.  185. — An  ACT  to  authorize  Joseph  Gasman  to  rebuild  his  Mill. 

Passed  April  2,  1861. 

1.   Be  it  enacted  by  the  general  assembly,  that  Joseph  Grusman  of 
the  county  of  Harrison  may.  at    any   time  \\  ithin   two  years    from  the 

passage  hereof,  commence,  ami  at  any  time  within  five  years  from 
the  passage  hereof,  finish  the  rebuilding  of  his  water  mill  for  the 
grinding  of  grain  in  the  said  county,  on  the  West  Pork  of  the  Mo- 
nongahela  river,  which  was  destroyed  by  fire;  and  that  if  he  shall 
do  so,  he  shall  have  any  right  and  protection  which  he  would  have 
bad  if  the  said  rebuilding  had  been  commenced  within  two  years, 
and  finished  within  five  vears  from  the  time  of  the  said  destruction. 


Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


WHARVES. ALIENS    TO    HOLD    LANDS.  265 


Chap.  186. — An  ACT  to  authorize  Thomas  Chancellor  to  croet  a  Wharf  on 

his  lands. 

Passed  March  15, 1861. 

I.  Bo  it  enacted  hy  the  general  assembly  of  Virginia,  thai  Thomas  wharf  may 
Chancellor  be  and  he  is  hereby  authorised  to  erect  a  wharf  in  front 
of  his  land  on  the  south  side  of  the  Little  Kanawha  river,  near  its 
mouth  (the  banks  being  owned  by  him),  so  as  not  to  obstruct  the 
navigation  of  said  river,  and  thai  he  be  authorized  to  charge  not  a 
greater  rate  of  wharfage  than  the  town  of  Parkershurg  imposes  for 
like,  accommodation. 

'2.    This  act  shall  be  in  force  from  and  after  its  passage,  and  shall  Commencement 
he  subject   to  alteration  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


Chap.  187. — An  ACT  authorising  Henry  Potter  Burt,  William  Berry  and 
other  subjects  of  Great  Britain  to  bold  certain  Land  lying  in  this  Com* 
monwealth. 

Passed  April  3,  1861. 

Whereas  Henry  Potter  Burt,  William  Berry,  George  Gamble,  Preamble 
Major  Genera]  G.  R.  Pemberton,  Samuel  Lees,  James  Roberts  and 

Charles  Whetham,  of  England,  in  their  own  behalf,  and  of  others 
who  may  be  associated  with  them  in  the  purchase  of  the  land  herein 
after  mentioned  of  the  Reverend  Daniel  Veeoh  McLean,  D.  D.  of 
Easton,  Pennsylvania,  being  unwilling  to  proceed  in  said  purchase 
Without  an  act  authorizing  them  to  accept  and  hold  land  within  this 
commonwealth;  and  their  object  being  to  engage  in  mining  and 
Otherwise  in  the  cultivation  and  development  of  the  lands  SO  de- 
1  by  them  to  be  purchased  : 

1.  P>e  it  enacted  by  the  general  assembly,  that  the  aforesaid  Henry  who  may  hold 
Totter  Burt,  William  Berry,  Georgi   Gamble,  Major  General  G.  R. 
Pemberton,  Samuel  es  Roberts  and  Charles  Whetham,  ot 

an]  of  them,  may  take.  in. id.  oooup]  and  use,  sell,  transfer  and  con- 
vey, free  from  any  disability  arising  from  their  not  being  citizens  of 
this  state,  lands  known  as  the  "Jabel  <>r  Hollingsworth  or  Bruen 
tract  "  including  any  land  adjoining  thereto  commanding 

river  frontage,  not  i  \<>  eding  one  hundred  thousand  acn  -  in  all.  Quantity 
him:  in  Putnam,  Jackson,  Ifttaon  and  Kanawha  oounth  -.  to  be  i 
i  to  them  by  the  said  Reverend  Daniel  Veecfa  McLean,  I  >.  1  >. 

and  i.tlir-r-  :   and  said  land  |  art  thereof  laid  by  them  or  any  Tiow  lands  may 

of  them  at  tin  ir  deaths,  shall  and  may  pasi  by  descent  oi  iaM 

if  tie  :izuu>  of  this  state.     Tin    Interest  of  Um 

in  proportion  to  the  amount  paid  bj  then 

act  shall  be  in  force  from  it-  pmaj  Comm 


26G 


AMERICAN    AGENCY. 


Company 
incor]' 


Privileges 


Amount  of 
real  i  - 


rurpoiii-K  and 

powers  of  com- 
panj 


Who  may  open 
books 


Directors 


Chap.  188  — An  ACT  to  inooipoimto  the  American  Ag<  noy. 
"   refa  99,  LML 

1.  Be  it  enacted  by  the  general  assembly,  that  Dull  Green,  James 
Lyons,  John  s.  Barbour,  Jeptha  Fowlkeeand  J.  Robin.  AfoDaniel, 
and  the  owners  of  the  shares  herein  authorised  t «>  1 »» -  issued,  be  and 
they  arc  hereby  made  a  body  politic  ami  corporate,  under  tin-  name 
and  Btyle  of  The  American  Agency;  with  power  ami  authority  in 

that  name  and   style,  to  contract  and  lie  contracted   with,  to  sue  and 

lie  sued,  to  plead  and  lie  impleaded,  with  all  the  rights,  powers  and 
privileges  which  may  be  necessary  or  proper  for  them  to  have, 
possess  and  exercise  as  an  incorporated  company;  and  especially  to 

take  have,  possess  ami  acquire,  by  gift,  grant  or  purchase,  any  pro- 
perly and  estate,  real  or  personal,  and  the  same  to  use,  lease,  let, 
mortgage,  sell,  transfer  and  convey,  in  as  full  and  ample  manner  as 
any  individual  may  or  might  do  :  provided  the  said  company  shall 
not  hold  in  this  state,  in  their  own  right,  more  real  estate  than  may 
be  requisite  for  offices  for  the  convenient  transaction  of  their  busi- 
ness, unless  it  be  purchased  bona  fide  in  payment  of  debts  due  to 
them;  and  in  case  of  such  purchase,  they  shall  alienate  such  lands 
within  ten  years  from  the  date  of  such  purchase. 

Whereas  one  purpose  of  this  act  is  to  organize  an  incorporated 
company  with  the  intent  and  purpose  of  aiding  in  the  purchase  and 
sale  of  rail  road  bonds  and  shares,  and  other  public  and  private  se- 
curities :   Therefore, 

2.  The  said  company  may  and  they  arc  hereby  authorized  and 
empowered  to  receive  and  hold  on  deposit  and  in  trust  any  property 
ami  estate,  real  and  personal,  including  the  shares  of  rail  road  and 
other  improvement  companies,  and  the  notes,  bonds,  accounts  and 
obligations  of  governments,  states,  cities,  towns,  counties,  corpora- 
tions, companies  and  individuals;  and  the  same  may  purchase,  col- 
lect, adjust  and  settle;  and  they  may  sell  and  dispose  thereof  in  any 
market  in  the  United  States  or  elsewhere,  and  upon  such  terms  and 
for  such  price  as  may  be  agreed  apon  between  them  and  the  parties 
contracting  with  them  ;  and  may  deal  in  exchange,  foreign  and  do- 
mestic, and  may  make  advances  of  money  and  of  credit,  and  may 
endorse  and  guarantee  the  payment  of  the  notes  and  bonds  and  the 
performance  of  the  obligations  of  governments  ami  id'  states,  cities, 
towns,  counties,  corporations,  companies  and  individuals. 

3.  The  persons  named  in  section  one.  or  a  majority  of  them,  may, 
in  person  or  by  proxy,  open  books  of  subscription  at  such  times  and 
places  as  they  may  deem  expedient;  and  when  three  hundred  thou- 
sand dollars  shall  be  subscribed,  the  shareholders  may  organize  the 

t ipan]    by  the  election  of  live  or  more  directors;   and  the  directors 

for  the  time  being  shall  have  power,  in  the  name  and  behalf  of  the 


AMERICAN   AGENCY.  2G7 

company,  to  enact  by-laws  ami  regulations  for  the  management  of 
their  affairs,  and  to  exercise  and  enjoy  all  the  rights,  powers  and 
privileges  herein  granted,  and  which  it  may  be  necessary  or  propel 
for  thein.  as  such,  to  have,  exercise  and  enjoy:  and  tiny  may  fnnn  7>scmroen,  bow 
time  to  time  enlarge  the  resources  of  the  company,  by  borrowing 
money  on  a  pledge  of  their  property  and  estate,  or  without  such 
pledge,  or  by  new  subscriptions;  and  any  citizen  or  Bubject,  corpora- 
tion or  company, of  any  government,  state  or  country,  may  subscribe 
for,  purchase  and  hold  shares  of  the  said  com]. any.  subject  to  no  other 
liability  on  account  thereof,  than  for  the  payment  to  the  said  company 
of  the  sums  due,  or  to  become  due  on  the  shares  subscrihed  for  or  held 
by  them. 

4.    The  by-laws  may  prescribe  the  number  of.  and  manner  in  which  By-Iawi 
the  directors,  officers  and  agent?!  of  the  company  shall  be  selected, 
and  may  also  define  their  powers  and   duties,  and  fix  their  term  of 
service  and  compensation.     The  company  shall  have  an  office  in  the  office 
city  of  Richmond;   and  the  directors   for  the   time  being  may  from  Branch  office* 
time  to  time  establish  such  branches  and  agencies  in  Europe  and 
elsewhere  as  they  may  deem  expedient,  under  such  rules  and  regula- 
tions as  they  may  prescribe,  and  divide  the  capital  of  the  company 
into  shares,  and  prescribe  the  manner  in  which   they  shall  be  trans- 
ferred on  the  books  of  the  company.     And  the  said  company  shall  tauof  notes 
not  issue  their  own  notes  or  bills  to  be  Qsed  as  bank  notes  or  as  cur- 
rency, nor  shall  their  by-laws  or  regulations  be  inconsistent  with  the 
brws  or  constitution  of  this  state. 

.").    That  no  right  of  property  to  this  franchise  shall  invest  until  the  Wlirn  act  take* 
minimum  amount  of  capital  is  subscribed,  and  sixty  thousand  dollars 

actually  paid;  of  vhich  fact  it  shall  be  the  duty  of  the  compam  U) 
inform  the  governor  in  the  same  manner  that  the  officers  of  a  bank 
about  to  be  put  in  operation  arc  required  to  do;  and  when  said  com- 
pany -hall  be  organized  and   ready  to   go   into   op,  ration,  it    shall   be 

the  duty  of  the  presiding  officer  and  treasurer  to  make  a  statement 

upon  oath  to  the  auditor  of  public  accounts,  of  the  amount  of  capital 

paid  in,  and  to  make  a  like  statement  ever]  six  months  th  -biannual 

with  an  additional  statement  of  their  profits  and  grots  i'  I  '  ipti  |  and  ""*"* 
for  Catling  to  make  snob  report,  they  .-hall  forfeit  and  pay  into  the 
public  treasury  one  thousand  dollars  fur  each  failure  :  to  be  r<  oovered 
by  motion,  after  ten  days1  notioe,  in  the  circuit  court  of  the  oity  of 
Richmond;  and  the  said  officers  are  also  hereby  required  to  fuiaiafa 
to  the  governor  a  list  <>f  die  stockholder!  l  i  orporatioik 

all  1>«'  in  force  from  it-  passage,  ami  shall  bi  mmcaewawt 

to  .him  mb  (ieation  or  repeal,  at  the   ptaSMUre  of  tbi 

blv. 


268 


SOUTHEKX    EXPRESS    COMPANY. 


Company 
incorporated 


Capita]  stock 


Chap.  189. — An  ACT  to  S  others  Express  Company. 

1.  Bo  it  enacted  by  die  general  assembly  of  1 1 1< -  state  of  Virginia) 
that  S.  \Y.  Fioklin,  W.  W.  Finney,  J.  A.  Barman,  .lames  1?.  Fiok- 

lin.  I!.  I'.  I'ieklin  and  M.  <1.  llannaii.  and  their  B 

ami  assigns,  be  and  they  are  hereby  declared  t<>  be  a  body  corporate 
and  politic  by  the  name  of  The  Southern  Express  Company,  for 
the  purpose  of  an  express  transportation  business. 

2.  The  capital  stuck  of  said  company  shall  be  five  hundred  thou- 
sand dollars,  and  shall  be  divided  into  shares  of  one  hundred  dollars 
each:  and  in  ease  the  said  capital  stock  be  found  insufficient  for  its 

purposes,  BUOh  company  may  increase  its  capital  stuck  from  time  to 
time  to  such  amount  as  may  lie  deemed  necessary  for  the  purpose 
aforesaid,  net  exceeding  one  million  of  dollars.  Such  increase  must 
lie  sanctioned  by  a  vote,  in  person  or  by  proxy,  of  two-thirds  in 
amount  ol  all  the  stockholders  of  the  OOmpany  present  or  represented 

at  a  meeting  of  such  stockholders. 


When  to  com- 
mence business 


called 


3.  The  said  company  may  commence  business  as  soon  as  its  capi- 
tal  stock  is  fully  Subscribed,  and   fifty  thousand  dollars  of  the  same 

Meetings, how  paid  up;  and  on  sucb  subscriptions  being  made,  any  live  subscribers 
to  said  stock  may  call  a  general  meeting  of  the  stockholders  of  the 
said  company,  by  serving  a  notice,  signed  by  them,  of  the  time  and 
place  of  such  meeting,  twenty  days  at  least  before  the  time  of  hold- 
ing the  same,  on  each  stockholder  personally,  or  by  leaving  it  at  bis 
residence,  or  by  putting  the  same  in  the  post  office  at  Kichmond, 
directed  to  him  at  his  usual  or  reported  place  of  residence,  and  pay- 
ing the  postage  thereon:  provided,  however,  that  any  other  mode  or 
time  of  calling  said  meeting  shall  be  lawful,  if  all  the  stoekholders 

Directors, how  consent  thereto  in  writing,  or  are  represented  thereat.  At  the  meet- 
ing convened  as  aforesaid,  the  said  company  shall  elect,  bj  a  majority 
of  votes  there  present  or  represented,  not  less  than  five  nor  more 
than  nine  persons,  being  stockholders  of  the  said  company,  to  act  as 
directors  of  the  said  corporation,  who  shall  represent  the  said  com- 
pany, and  manage  the  business  thereof.  Vacancies  ill  the  hoard  of 
directors  shall  he  filled  in  such  manner  as  shall  be  prescribed  by  the 
by-laws  of  the  corporation. 


elected 


President 


In  case  of  fail- 
ure to  elect 


4.  At  the  first  meeting  of  the  said  board  of  directors  after  their 
election,  they  shall  elect  one  of  their  number  as  president  of  the 
said  corporation,  and  may  elect  a  vice-president  and  such  other  offi- 
cers as  they  may  deem  advisable.  The  directors  of  this  company 
shall  hold  their  offices  for  one  year,  and  until  others  are  chosen. 

.*.  In  ease  it  shall  at  any  time  happen  that  an  election  of  directors 
be  not  made  at  the  time  designated,  or  on  the  days  when  by  the 


SOUTHERN    EXPRESS    COMPANY.  269 

by-laws  of  said  company  it  ought  to  be  done,  it  shall  and  may  be 
lawful  <in  any  Other  day  to  hold  an  election  for  directors  in  such  man- 
ner as  above  provided  for,  or  as  shall  be  directed  by  the  by-laws  of 
such  company:  and  in  ease  any  annua]  meeting  of  stockholders  shall  in  earn  of  fui- 

not   beheld   by  reason    ol    D.egleOl    "\    the    direCtOTS,  it    shall    be  m  the  annual  meetings 

power  of  any  stockholders  holding  one  hundred  shares  of  the  capital 
stock,  td  call  such  meeting  for  the  purpose  of  electing  directors  and 
other  purposes,  by  giving  the  notice  as  herein  after  prescribed;  and 
for  that  purpose  they  shall  have  access  to  the  stock  list  and  transfer 
books  of  >aid  company,  and  all  Information  necessary  to  the  giving 

of  such  notice. 

6.  And  be  it  further  enacted,  that  the  directors  of  such  company  By-lmri  and 
shall  have  power  to  make  and  prescribe  such  by-laws  and  regulations regu  ' 

as  tiny  shall  deem  proper,  respecting  the  management  and  disposi- 
tion of  the  property  and  estate  of  such  company,  the  duties  of  the 
officers,  agents,  artificers  and  servants  by  them  to  be  employed;  to 
appoint  BUCfa  and  so  many  officers,  clerks  and  servants  for  carrying 
on  the  business  of  said  company,  and  with  such  salaries  or  wage-  at 
to  them  shall  sec  ni  reasonable  :  provided,  however,  that  such  by-laws 
be  not  inconsistent  with  any  existing  law. 

7.  The  said  company  shall  have  power  to  do  an  express  transpor-  Powen  of 
tation  business  by  land  or  by  water,  for  the  conveyance  of  persons  eo™pan* 
and  property  of  every  kind.  from,  to  and  between   any  place  in  Vir- 
ginia and  any  place  in  or  beyond  the  limits  of  Virginia,  in  their  0WH 

com  e\  ances,  or  in  those  of  other  persons ;  and  to  create  and  organize 
branch  agencies  for  the  same  purpose,  and  to  build,  hire,  establish 
and  maintain  storehouses,  warehouses  and  other  buildings  for  the 
safe  keeping  of  any  thing  intrusted  to  them  for  conveyance;  and 
shall  have  power  to  indemnify  themselves  by  insurance  against  any 

:  damage  by  tire  or  the  risk  of  navigation  and  transportation, 
fm  an]  :. b,  wares,  merchandise  or  ether  property  in  their  custody, 

•  d  by  them  for  transportation,  or  held  by  them  as  their  pro- 
perty:   provided  that  this  act  shall  not  be  so  construed  as  to  give  the  Rjgfci  | 
said  Southern  I  itnpany  any  right  or  authority  to  build,  pur-prohit 

tablisfa  any  rail  road   Of  Steam   bunt  line.  or  other 
like  means  of  transportation ;  nor  shall  the  Mime  ]„■  n  oonstrut  I 

or  require  any  rail  r«>ad  or  steam  boat  line  established  in 
part  or  in  whole  within  the  limits  of  Virginia,  to  do  or  perform  ti. 

•  e  a*  herein  eonfc  mplated,  for  or  on  aooounl  of  the 
said  Southern  i  mpany. 

I  he  principal  <  ■  pnny  shall  be  kept  at  Richmond,  <■--,  •- 

mile-  •   tWO-thirdl  of  the  direct, 

at  a  I  bd  for  that  pi  tUCf    place  in  the  state; 

and  :  mpany  mat  maoj  branch  or  focal  i  fl 

as  their  Li.  ,ir<  .  or  in 


2  70 


SOUTHERN    EXPRESS    COMPANY. 


-••pular 
mw-tinffi  to 


9.  The  regular  meeting  of  tin-  board  of  directors  of  said  oompany 
Bhall  be  held  at  tin-  principal  offioe  of  ~:ii<l  company,  or  at  nob  other 
places  in  the  state  as  the  by-laws  or  the  board  of  directors  may  de- 
lta; 1  •  ii t  the  said  company  may  hold  special  meetings  of  its 
directors  for  the  transaction  of  bosinoosi  at  any  plaoe  wbieb  the  by- 
laws of  said  company  may  designate,  or  whiob  a  majority  of  the 
direotors,  with  the  approval  of  the  president,  may  appoint. 


Unclaimed 
fri-ight 


1(1.    If    the    Said    company    ^liall    have    had    unclaimed    freight    or 

baggage,  nol  perishable,  in  its  poasession  foe  the  period  of  at  least 

one  year,  it  may  proceed   and    sell    the  same  at  public  auction,  after 

giving  notice  to  that  effect  in  one  or  more  newspapers  published  in 
Richmond,  or  at  the  place  where  snob  goods  are  to  be  sold,  once  a 
week  for  not  less  than  four  weeks;  and  shall  also  keep  a  notii 

such  sale  posted    for   the  same   time    in    a    OOnspioUOUS    place   in   the 

principal  offioe  of  the  said  company.  In  ease  such  unclaimed  freight 
or  baggage  shall,  in  its  own  nature  or  condition,  lie  perishable,  then 
the  same  may  be  sold  as  soon  as  it  can  be,  on  the  best  terms  that 
can  be  obtained  therefor.  Said  notice  shall  contain,  as  near  as  prac- 
ticable, a  description  of  such  freight  or  baggage,  the  place  and  time 
when  and  where  Left,  together  with  the  name  and  residence  of  the 
owner  of  the  freight  or  baggage,  or  person  to  whom  it  i<  consigned, 
if  the  same  lie  known. 


Moneys  arising 
from  Hale,  how 

,|  ,,[■ 


11.    All   moneys  arising  from  the  sale  of   freight  or  baggage  as 
aforesaid,   after   deducting   therefrom   charges    and   expenses   for  the 

transportation,  Btorage,  advertising,  commissions  for  Belling  the  pro- 
perly, and  any  amount  previously  paid  for  advances  on  such  freight 
and  baggage,  shall  he  paid  by  the  company  to  the  persons  entitled  to 

\e  the  same:    And  the  said  coinpam   shall  keep  books  of  record 

of  all  such  sahs  as  aforesaid,  containing  oopies  of  such  notices, 

proofs  of  advertisements  and  posting,  affidavit  of  sale,  with  the 
amount  for  which  each  parcel  Was  sold,  the  total  amount  of  charges 
ust  such  parcel,  and  the  amount  held  in  trust  for  the  owner; 
which  hooks  shall  be  open  for  Inspection  by  claimants,  at  the  princi- 
pal offioe  of  the  said  company,  and  at  the  office  where  the  sale  was 
made. 


BteekboUen,  12.    The  stockholders  in  stud  company  shall  he  personally  respon- 

sible  for  an  amount  equal  to  the  amount  of  stock  held  by  each,  for 
any  his.-,  of,  or  damage  on  goods,  moneys  or  other  property  intrusted 
to  the  said  company  for  transportation,  and  for  any  contract  made  or 
Liability  incurred  by  them  :  provided,  that  nothing  in  this  act  con- 
tained shall  he  construed  to  diminish  the  common  law  liability  of 
said  company   as  common   carriers:   and  the  said   company  shall   he 

Bubject  to  chapters  fifty-six  and  fifty-seven  of  the  Code,  so  far  as  the. 

same  may  he  applicable  thereto,  and  nol  inconsistent  with  the  pro- 
visions of  this  act. 


Common 
carrion 


MINERAL    8PBING8.  271 

13.  That  no  right  of  property  to  this  franchise  shall  invest  until  when  right  of 
the  minimum  amount  of  capital  is  subscribed  and  fifty  thousand  del- Tested 

Ian  actually  paid;  of  which  fact  it  shadl  be  the  <luty  of  the  company 
to  inform  the  governor  in  the  same  manner  tliat  the  officers  of  a  hank 
about  to  be  put  in  operation  are  required  to  do;  and  when  said  com- 
pany shall  be  organised  and  ready  to  go  into  operation,  it  shall  ho 
the  duty  of  the  presiding  officer  and  treasurer  to  make  a  statement 
upon  oath  to  the  auditor  of  public  accounts  of  the  amount  of  capital 

paid  in.  and   to  make  a  like   Statement   every  six   months   thereafter,  K'-mi- annual 

.  .  report 

with  an  additional  statement  of  their  profits-  and  gross  receipts;  and 
for  failing  to  make  such  report,  they  shall  forfeit  and  pay  into  the 
public  treasury  one  thousand  dollars  for  each  failure;  to  he  recovered 
by  motion,  after  ten  days*  notice,  in  the  circuit  court  of  the  city  of 
Richmond. 

14.  This  act  shall  he  in  fore  from  its  passage,  and   shall   he  sub-  Commencement 
jeot  to  modification  or  repeal,  al  the  pleasure  of  the  general  assembly. 


Chap.  190. — An  ACT   to  incorporate  the  Sweet  Chalybeate   Springs 
( iompany. 

Pasffl  February  16, 1861. 

1.    Be  it  enacted,  that  any  persons  who  may  unite  to  purchase  the  Company 
Sweet    chalybeate   springs   in    the   county   of    Alleghany    (comnionly 

known  as  the  Red  sweet  springs),  and  shall  purchase  the  same  with 

the   intent    to   avail   themselves  of  the   [lowers  of  this   act,   shall   and 
may  becon  corporate   and   politic,   under  the   name  of  The 

Sw.it  Chalybeate  Springs  Company ;  and  as  such,  shall  have  con- 
tinued d  b<  sued,  contract  and  he  contracted  with, 
and  may  have  and  use  a  common  seal.  The  corporation  may  acquire 
and  hold  land-  not  three  thousand  ains.  and  other  pro- 
perty not  exceeding  the  value  of  two  thousand  dollars:  with  thePowonaf 
power  to  sell  ami  lease  any  of  it-  land-:  to  improve  the  same  by 
buildings  and  farming;  In  enter  into  contract  of  ins  | 
fire  :  to.i.  duet  com,  w  In  at  and  .-aw  mil!-,  and  other  mills 
for  the  manufacture  of  wool  and  COtton  fabric-;  and  to  deal  in  the 
products  thereof;  to  deal  in  the  transportation  ■.,-,  mineral 

and    to  mil  oilier  the 

dation  of 
ami  demand  and  receive  compensation  therefor.     The  corporation < 

phall    •  '.all 

| 

and  I  with,  to  i  1  to  ilio 

ration,  fiv  I     by -laws, 

i-t<  nt  w.t  :i  of 


272  MINI  KAL    SPRINGS. 

tin-  state,  ami  the  appointment  <>f  ■  president  and  four  director*.  To 
constitute  said  meeting  and  all  general  meetings  of  the  corporation. 
there  must  be  present  those  who  oan  giro  ■  majority  of  all  the  votes 
entitled  to  be  given  according  to  the  scale  prescribed  in  the  tenth 

Capital  stock       section  of  chapter  fifty-seven  of  the  Code.      The  capital  of  the  cor- 
poration shall  not  exceed  the  sum  of  three  hundred  thou>aud  dollars, 

and  the  shares  and  certificates  of  stock  shall  be  deemed  and  con- 
sidered persona]  property. 

Commencement        2.    This  act  shall  he  in  force  from  its  passage,  and  shall  at  all  times 
be  subject  to  amendment   or   repeal,  at   the  pleasure  of  the  general 

assembly. 


('i.mpnny 
incorporated 


Capital  stock 


Quantity  of 
laii'l,  &.C, 
l'",\  I  rs  of 

company 


C'n\r.  I'M.— An  ACT  to  incorporate  the  Kockhridge  'White  Sulphur  Springs 

Company. 

Passed  March  12,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  George  A.  Baker, 
Henry  M.  Estill,  James  W.  MoClung,  Robert  M.  McDowell.  Robert 
G.  "White,  and  such  other  persons  as  may  he  associated  with  them. 
be  and  they  are  hereby  incorporated  and  made  a  body  politic  and 
Corporate,  by  the  name  and  style  of  The  Rockbridge  "White  Sulphur 
Splines  Company;  and  as  such,  shall  have  continual  succession,  sue 
and  be  sued,  contract  and  be  contracted  with,  and  ordain  hy-laws 
and  regulations  not  inconsistent  with  the  laws  of  this  state,  and  be 
invested  with  all  the  rights  and  privileges  conferred  by  tiie  Code  of 
Virginia,  and  made  subject  to  all  the  rules,  regulations  and  restric- 
tions imposed  by  the  said  Code  of  Virginia,  applicable  to  such  cor- 
porations. 

2.  The  capital  stock  of  said  company  shall  be  twenty  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars  each:  with 
power  to  increase  said  capital  stock  to  the  sum  of  fifty  thousand  dol- 
lars. The  said  company  may  acquire  and  hold  not  exceeding  live 
hundred  acres  of  land,  and  have  power  to  erect  buildings  for  the 
accommodation  of  visitors  and  others;  to  provide  for  their  enter- 
tainment, and  receive  compensation  therefor;  to  enter  into  contracts 
of  sale  and  lease,  and  of  insurance  against  fire;  and  to  erect  manu- 
factories, machinery,  and  operate  the  same. 


Commencement  3.  This  act  shall  be  in  force  from  its  passage,  and  he  subject  to 
amendment,  alteration  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


MINERAL   SPRINGS. — ARMS   AND    ORDNANCE.  27.'i 

Chap.  192. — An  ACT  to  incorporate  the  Capper  Springs  Company. 
Passed  February  27,  1801. 

1.  Be  it  enacted  by  the  genera]  assembly,  that  David  Pugh,  P.  i 
J.  Dunlap,  1!.  Brace  Muse,  Charles  E.  Qrav<  •■  Otway  McCormick, 
William  G.  Russell,  William  F.  Marker,  W.  Zixkle,  and  sucb  per- 
sons ;>s  may  hereafter  be  associated  with  them,  shall  be  ami  are 
hereby  incorporated  and  made  a  body  politic,  under  the  name  and 
style  of  The  Capper  Springs  Company,  Frederick  County.  Virginia; 
and  as  Bnch,  shall  have  continued  succession,  sue  and  be  sued,  con- 
trail and  be  contracted  with,  and  be  invested  with  all  the  rights  and 
privileges  conferred  by  the  Code  of  Virginia,  and  Bubject  to  all  the 
rales,  regulations  and  restrictions  imposed  by  said  Code  of  Virginia, 
applicable  to  such  corporations,  so  far  as  the  same  be  not  inconsis- 
tent with  the  provisions  of  this  act. 

2.  The  corporation  may  acquire  and  hold  lands  not  exceeding  four  r.arM*. 
thousand  acres,  and  other  property  not  exceeding  the  value  of  fifty  '        y 
thousand  dollars,  with  power  to  pell  and  lease  any  of  its  lands,  and  to 
make  improvements  thereon.     It  may  make  any  arrangements  for 

the  accommodation  Of  invalids  and  visitors,  and  demand  and  receive 
compensation  therefor.  It  may  engage  in  any  mining,  milling  or 
manufacturing  operations,  and  deal  in  the  products  thereof. 

n.    The  capital  of  the  company  shall  be  not  less  than  ten  nor  more  Capital 
than  one  hundred  thousandfcdollars,  in   shares  of  twenty-five  dollars 
each.      The  shares  or  certificates   of  Stock    shall   be  Considered   per-  Stork.  per«otxU 

8onal  property,  transferable  by  the  endorsement  of  the  holder. 


4.  The  corporation  shall  he  deemed  to  be  constituted  so  BOOnyjas  Officer* 
ten  thousand  dollars  shall  have  been  subscribed.     Tt  shall  appoint  its 

own  officers;  ordain  by-laws  not  inconsistent  with  the  constitution 
and  laws  of  the  state,  and  perform  such  Other  acts  as  may  be  0<  I 
sary  for  its  complete  organisation. 

5.  This  act  shall  be  in  force  from  its  ]  11  he  sttbject Oommi 
to  alteration,  modification  and  repeal,  al                are  of  the  general 
aatembly. 


CHAP    in?,. — An   ACT  to  incorporate  the  Virginia  Ar?r     M  mng 

1      Be  it  enacted  by  the  general  atoecnbly,  tl  R.  Andi  r 

pon.  Jamw  II .  Barton,  Charles  Campbell,  Ro*ooe  B.  Heath,  Thoi 

Yv       v  ,l(,|m    iv,-.  •     .1.    Marshall    Medic, 

18 


274  -A  K.MS    AND    OKDNAXCE. 

John  D.  Iinbodcn,  anil  such  Other  persons  as  may  be  hereafter  asso- 
ciated with  them,  shall  be  and  tin y  are  hereby  incorporated  into  a 
body  corporate  and  politic,  uder  the  name  anil  style  of  The  Vir- 
o&jectg  ih<rcof  g'uiia  Anns  Manufacturing  Company;  for  the  purpose  of  mannfao- 
blring  and  Belling  fire  arms  .and  all  other  implemente  of  war  in  or 
near  the  citv  of  Richmond,  and  they  are  hereby  invested  with  all  the 
rights,  powers  and  privileges,  ami  subject  to  all  the  rnl<  ••  regulations 
and  restrictions  provided  ami  prescribed  in  the  Code  of  Virginia, 
and  any  laws  amendatory  thereof,  in  regard  to  Bueh  bodies  politic 
and  corporate,  so  for  as  the  same  are  applicable,  and  not  inconsistent 

with  the  rights  herein  granted. 

Capital  2.    The  capital   stock  of  the  said  company  nil  all  not  he  less  than 

fifty  thousand  dollars  nor  more,  than  five  hundred  thousand  dollars, 
to  be  divider]  into  ^mres,  of  one  hundred  dollars  each;  and  the  indi- 
viduals above  named  may  open  boohs  of  subscription  to  the  capital 
stock  at  such  time  and  place  as  they  or  a  majority  of  them  shall 
deem  expedient. 

•rommcnccirent       3.    This  act  shall  be  in  force  from  its  passage. 


Chap.  191. — An  ACT  to  incorporate  tho.  Lynchburg  Ahum  and   Engine 
Manufacturing  Company. 

Passed  February  13,  isbl. 

Company  1.    Be  it  enacted  by  the  general  assembly,  that  P.  15.  I>eane,  sen., 

incorporated        j^    ,,      McDanJel,   F.    Drown    1  >e;uio,    A.    lb    Kucker,    Thomas   J. 

Kinkpatrick,  John  (J.  Meem,  Charles  Blackford,  William  s.  Moi 
Charles  Scott  and  John  ('.  Deane,  ami  Buch  other  persona  as  may  be 

hereafter  associated  With  them, shall  be  ami  they  are  hereby  incorpo- 
rated into  a  body  corporate  and  politic,  under  the.  name  and  style  of 
•Objects  thereof  The  Lynchburg  Arms  and  Engine  Manufacturing  Company;  for  the 
purpose  of  manufacturing  and  selling  lire  arms  and  all  other  imple- 
ments of  war,  locomotives,  steam  engines,  and  all  descriptions  of  ma- 
chinery, composed  in  whole  or  in  part  of  iron  or  steel,  in  or  near  the 
city  of  Lynchburg;  and  they  are  hereby  invested  with  all  the  rights, 
powers  and  privileges,  and  subject  to  all  the  rules,  regulations  and 
restrictions  provided  and  prescribed  in  the  Code  of  Virginia,  and  any 
laws  amendatory  thereof,  in  regard  to  such  bodies  politic,  and  corpo- 
rate, so  fur  as  the  same  are  applicable,  and  not  inconsistent  with  the 
rights  herein  granted. 

Capital  itoek  ~.    The  capital  stock  of  the  said  company  shall  not  be  less  than 

fifty  thousand  dollars  nor  more  than  live  hundred  thousand  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  each,  with  the  right 
hereby  given  to  corporations  to  subscribe  for  and  hold  stock  therein ; 


ARMS   AND    ORDNANCE. — STEAM    BOAT    COMPANIES.  275 

and  the  individuals  above  named  may  open  bonks  of  subscription  to 
the  capital  stock  at  such  time  and  place  as  they  or  a  majority  of  them 
shall  deem  expedient. 

3,    This  act  shall  be  in  force  from  its  passage.  aneboenmtt 


Chat.   105. — An  ACT    to  incorporate   the  Staunton   Arms   and  Ordnance 

Company. 

PUNd  March  1,  1861. 

1.    Ho  it  enacted  by  the  general  assembly,  that  John  M.  McCue,  Company 
John  T).  iWboden,  Lorenzo  Sibert,  M.  (J.  Barman,  Richard- ,ncorpori 

son,  E.  M.  Taylor,  and  such  other  persons  as  shall  be  associated  with 
them  under  the  provisions  of  this  act,  shall  be  and  they  are  hereby 
incorporated  and  made  a  body  politic  and  corporate,  by  the  name 
and  style  of  The  Staunton  Arms  and  Ordnance  Manufacturing 
Company;  for  the  purpose  of  manufacturing  fire  anus  and  ordnance  Otyecta  thowf 
of  every  description  in  the  county  of  Augusta;  and  they  are  hereby 
ted  with  all  the  rights,  powers  and  privileges  conferred  on  such 
bodies  politic  and  corporate,  by  the  act  entitled  an  act  prescribing 
general  regulations  for  the  incorporation  of  manufacturing  and  mining 
companies,  passed  February  thirteenth,  eighteen  hundred  and  thirty- 
seven,  and  are  made  subject  to  all  the  regulations  and  restrictions 
prescribed  in  said  act. 

2.  The  capital  stock  of  the  said  company  shall  not  be  less  than  Capital  rtoeh 
fifty  thousand  dollars  nor  more  than  three  hundred  thousand  dollars, 
divided  into  shares  of  one  hundred  dollars  each  ;  and  they  may 
purchase  and  hold  in  fee  simple,  h  t  or  use  in  one  or  more  tracts, 
lands  in  the  said  county  of  Augustai  not  exceeding  however  at  any 
one  time  five  hundred  acres. 

.".     The  parties  and  persons  named   in   the  first  section   hereof,  or  Cor^r'ysio^rrt 
any  three  of  them,  are  hereby  appointed  commissi)  nen  to  carry  out 
the  provisions  of  this  act. 

4.  hall  be  in  force  from  its  passage.  mm 


Ou\c    ".••'•— \-  nrorporatf  the   llaHimore  an>"i    Fredericksburg 

my. 

I.   Be  '  nbly,  (hat  .Tew,  pn   \ . 

Rober-  w.  ^daros,  Beth  B.  I  J.  Pent*,  John  W.  D.  h*"r" 

rles   K    Cannon,  and  th<ir  associates,  and  all  other 


276 


STEAM    BOAT    COMPANIES. 


Capital  stock 


persons  who  may  hereafter  be  holders  of  the  stock  herein  after  men- 
tioned, are  hereby  constituted  a  body  corporate,  by  the  name  of  Tho 
Baltimore  and  FrederioRsburg  Steam  Boat  Company;  and  ma)' so 
remain  and  continue  fur  thirty  yean  next  ensuing,  for  the  purpose 
of  building,  purchasing,  equipping,  furnishing,  chartering  and  own- 
ing one  or  more  vessels,  to  be  propelled  by  Bteam  or  other  motive 
power,  to  be  run  between  the  city  of  Baltimore  and  Frederioksburgi 
and  used  iii  navigating  the  Chesapeake  bay  and  Rappahannock  river, 
and  their  tributaries,  and  carrying  freight  and  passengers  between 
the  aforesaid  cities,  and  such  other  points  on  the  Chesapeake  bay 
and  Rappahannock  river,  and  their  tributaries,  as  may  hereafter  be 
chosen  by  the  said  company. 

2.  The  capital  stock  of  said  company  shall  not  be  less  than  twenty 
thousand  dollars  nor  more  than  one  hundred  thousand  dollars,  to  bo 
divided  into  shares  of  twentv-five  dollars  each. 


W1k>d  mee 
to  be  held 

Directors 


ting  3.  As  soon  as  twenty  thousand  dollars  shall  have  been  subscribed, 
a  meeting  of  the  stockholders  shall  be  called  :  and  said  stockholders 
shall  elect  at  such  meeting,  or  at  any  subsequent  general  meeting, 
live  directors,  being  stockholders,  to  hold  their  office  for  one  year,  to 
manage  and  conduct  the  affairs,  concerns  and  business  of  the  com- 
pany. Each  stockholder  at  such  election  shall  be  entitled  to  one 
vote  for  each  share  he  shall  hold  at  the  time  of  such  election ;  and 
the  election  shall  be -made  by  such  of  the  stockholders  as  shall  attend 
for  that  purpose,  either  in  person  or  by  proxy ;  and  the  directors  of 
the  said  company,  except  for  the  first  year,  shall  be  annually  elected 
at  such  time  and  place  as  shall  be  directed  by  the  by-laws  of  said 
company. 

Quorum  4.    Any  three  directors  of  the  said  company  shall  form  a  quorum 

for  the  transaction  of  all  the  business  of  the  company. 

Common  seal  5.    The  said  company  may  have  and  use  a  common  seal,  and  its 

stock  shall  be  deemed  personal  estate,  and  shall  be  transferable  in 
such  manner  as  shall  be  prescribed  by  the  by-laws  of  said  company. 


G.  The  said  company  may  purchase,  hold  and  convey  such  real 
estate  as  may  be  convenient  for  its  uses,  not  exceeding  in  a  city  or 
town  three  acres,  and  elsewhere  ten  acres. 


President,  how 
appointed 

By  laws,  Sic 


7.  The  directors  of  the  said  company  who  may  from  time  to  time 
be  duly  elected,  may  appoint  one  of  their  number  to  be  president, 
and  such  other  officers  and  agents,  and  establish  such  by-laws  and 
regulations  as  they  may  think  proper  and  expedient  for  the  govern- 
ment of  the  company  and  the  management  of  its  business,  so  that 
such  by-laws  and  regulations  shall  not  conflict  with,  nor  in  any  man- 
ner violate  the  constitution  and  laws  of  this  state  or  of  tho  United 
States. 


LUMBER    COMPANIES.  277 

8.  The  said  corporation  shall  possess  the  general  powers  and  pri-  flonorai 
vileges,  and  he  subject  to  the  general  restrictions  and  liabilities  pre- 
scribed in  the  fifty-sixth  and  fifty-seventh  chapters  of  the  Code  of 
Virginia,  so  far  as  the  same  are  applicahle,  and  not  in  conflict  with 

any  provision  contained  in  this  act. 

9.  This  act  shall  take  effect  immediately  from  and  after  its  passage,  Commer 
and  shall  he  subject  to  any  amendment,  alteration,  modification  or 
repeal,  at  the  pleasure  of  the  general  assembly. 


Chap.  197. — An  ACT  to  incorporate  the  Virginia  Lumber  Company  in  the 
Counties  of  Augusta  unci  Bockbridge. 

Passed  March  SM,  18G1. 

1.  Be  it  enacted  by  the  general  assembly,  that  John  B.  Coles,  Coapsay 
Marcus  Durrett,  W.  M.  Morris,  James  Goodloe,  Addison  Ooodloe,  1QCOrpor' 
K.  T.  W.  Duke,  C.  L.  Fowler,  Garrett  M.  White,  R.  M.  Durrett, 
Garrett  W.  Martin,  John  D.  Carr,  John  A.  Martin,  Hudson  Martin, 

John  W.  Dickenson,  W.  Smith,  T.  M.  Fleming,  James  Harris,  D. 
B.  Tow-nicy.  W.  15.  Smith,  David  Kcinple,  J.  W.  Woods,  A.  J. 
Brown,  J.  II.  Heath,  Scaton  Bridgeware!  and  W.  A.  Hamner,  and 
tlnir  associates,  arc  hereby  incorporated  and  made  a  body  politic  and 
corporate,  under  the  name  and  style  of  The  Virginia  Lumber  Com- 
pany; for  the  purpose  of  procuring  lumber  in  the  counties  of  Au- 
gusta and  Bockbridge;  and  by  the  name  of  the  Virginia  lumber 
company,  tiny  shall  have  perpetual  succession  and  a  common  seal, 
may  sue  and  he  sued,  pl<  ad  and  be  impleaded,  and  make  such  by- 
rub  s  and  regulations  for  the  management  of  their  affairs  as 
they  may  deem  fit:  provided  the  same  be  not  inconsistent  with  the 
laws  of  the  state  or  of  the  United  States:  and  may  purchase,  lease, 
hold,  sell  and  convey  real   and   personal    estate  I   provided  such  real 

estate  shall  not  i  xeeed  twenty  thousand  acres. 

2.  The  capital   stock  of  said  company  shall  not  be  |<  u  than  five  capital  Mock 
thousand  dollars  nor  more  than  one  hundred  thousand  dollar-,  to  be 

divided   into    shares    of    twenty- five    dollars    each;    and   the    parties 

named  in  the  first  section,  any  three  of  whom  may  act.  are  hereby 
appointed  commission)  n  to  (any  out  the  provisions  of  this  act 

3.  Tie    tock  of  wid  company,  including  the  real  estate  owned  by  stock,  pccsaasl 
the  same,  shall  be  deemed  personal  estate,  and  ■  .•  h  tsathe 

■  kholder,  and  may  be  transferred, 

and  certificates  thereof  be   issued   in   moll   manner  and   form   HI  the 

stockholders  in  general  meeting  or  the  president  and  i  may 

H.  i  de  upon. 


378 


PACKET    COMPANIES. — LAND    COMPANIES. 


G moral  provi- 
■loot 


•J.  The  said  company  shall  be  Bobjecl  to  the  provisions  of  the  fifty- 
seventh  chapter  of  the  Code  of  Virginia,  and  every  act  amendatory 
thereof  bo  far  a>  the  simc  ore  applicable  to  and  not  inconsistent  v>ith 
this  act. 


Commencement       5.    This  act  shall  be  in  force  from  its  passage,  and  shall  bo  subject 
to  modification  and   repeal,  at  the   pleasure  of  the  general  assembly. 


Company 

incorporate  d 


Objects 


Chap.  198. — An  ACT  to  incorporate'  the  Kichmond  and  Liverpool  Packet 

Company. 

PMMd  March  13,  1861. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Dunlop, 
Moncure  and  Company,  Joseph  R.  Anderson  and  Company,  Kent, 
Paine  and  Company,  Warwick  and  Uarksdale, . David  J.  Burr,  POT- 
cell,  Ladd  and  Company,  and  such  other  persons  and  firms  as  may 
be  associated  with  them,  their  successors  and  assigns,  be  and  they 
are  hereby  made  a  body  corporate,  by  the  name  and  style  of  The 
Richmond  and  Liverpool  Packet  Company ;  for  the  purpose  of  own- 
ing, navigating  and  freighting  ships  or  other  sailing  vessels  engaged 
in  foreign  or  domestic  commerce,  trading  from  the  city  of  Kichmond. 
The  capital  of  said  company  shall  not  be  less  than  fifty  thousand 
dollars  nor  more  than  five  hundred  thousand  dollars,  and  shall  be 
held  in  shares  of  five  hundred  dollars  each  :  provided,  however,  that 
nothing  in  this  act  shall  change  or  affect  the  rights,  obligations, 
exemptions  and  immunities  of  the  said  company  under  the  provisions 
of  the  laws  of  the  United  States  applicable  to  owners  of  vessels. 


Executive 

committee- 


2.  In  lieu  of  a  president  and  board  of  directors,  the  affairs  of  this 
company  shall  be  administered  by  an  executive  committee,  the  num- 
ber of  which  committee  and  term  of  office  of  its  members  shall  bo 
regulated  by  a  by-law  of  the  company  :  provided  the  said  company 
shall  be  subject  to  such  general  laws  as  now  affect  corporations  of 
this  character. 


Commeucemem      3.   This  act  shall  be  in  force  from  its  passage. 


Company 
incorporated 


Chap.  109. — An  ACT  incorporating  the  Piedmont  Land  and  Improvement 

Company. 

Tugged  March  27,  18C1. 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  W.  A. 
Reed,  Charles  Scott,  Adam  Dinwood  and  John  Robin.  McDaniel, 


LAND    COMPANIES.  979 

together  with  such  other  persons  as  may  hereafter  he  associated  with 
them,  shall  he  and  they  are  hereby  made  a  body  politic  and  corpo- 
rate, by  tlic  name  and  style  of  The  Piedtnonl  Land  and  Improve- 
ment Company  ;  and  by  that  name,  shall  have  perpetual  succession ; 
may  contract  and  he  contracted  with,  sue  and  lie  sued,  plead  and  he 
Impleaded  in  all  courts  and  places;  have  a  common  seal,  and  the. 
same  to  alter  at  pleasure  ;  may  make  all  necessary  by-laws  and  rogu- 
lations  for  the  government  of  said  company,  not  inconsistent  with 
the  constitution  and  laws  of  the  state  of  Virginia,  or  of  the  United 
States. 

2.  The  object  of  the  above  named  company  shall  he  the  encou-  OhJecU of 
ragement  ol   manufacturing  establishments  and   the  improvement  ot 

lands  in  the  i  aunties  of  Campbell  and  Bedford  near  the  city  of  Lynch- 
burg: and  for  that  purpose  shall  have  power  to  hold  by  purchase  or  Power*  of 

otherwise  lands  in  said  counties,  not  exceeding  five  hundred  acres  at 
any  time;  and  shall  have  authority  to  sell,  lease,  rent  or  mortgage 
each  lands,  with  the  appurtenances,  as  they  may  hold,  and  to  erect 
buildings  thereon  for  dwelling  or  manufacturing  purposes,  for  sale, 
or  rent. 

3.  Said  company  shall  have  power  to  acquire  from  the  James  river  Water  prtrflafai 
and  Kanawha  company  water  privileges  for  the  u^v  and  purposes  of 

the  said  company  hereby  incorporated,  or  by  them  may  in  part  or 
whole  be  relet  for  the  use  and  purposes  of  such  manufacturing  com- 
panies or  establishments  as  may  be  erected  on  the  lands  of  said 
company. 

4.  Tt  shall  be  lawful  for  said  company  to  construct  rail  roads  from  nail  road* 
any  point  OT  points  on  their  lands  to  any  other  rail  road   that   may 

l.t  tn  sm  h  construction  :   provided  they  do  not  invade  the  lands 
of  others,  but  have  authority  to  contract  lor  the  right  of  way. 

5.  The  (  ■•  k  of  said  company  shall  not  1><   less  than  ten  capital  •*•«* 
thousand  dollars  nor  more  than  five  hundred  thousand  dollar-,  to  be 

divided  in  snares  of  one  hundred  dollai    eaeh;  ami  tie   said  stock 
shall  be  deemed  personal  property,  ami  transferable  on  the  boo! 
mpany  by  the  shareholder  in  person  or  by  prow. 

6.  The  company  shall  have  power  to  appoint  or  elect  a  president  vr<  utatasrf 
and  board  of  directors,  and  mkIi  other officen  and 

deemed  necessary  for  the  transaction  of  the  bu  ■mpany. 

and  all  elections  or  aprx  ibly  to  tie    by-laws  and 

the  company,  shall  lie  legal. 

7.  I  from  and   after  the  pat 

and  shall  1"   subject  to  mndifi<  .'.  at  the  plea- 

sure of  tli.'  general  assembly. 


280 


AGRICULTURAL    SOCIETIES. 


Chap.  200. — An  ACT  to  incorporate  ;  County  Agricultural 

Society. 

raised  March  12,  1861.  • 

I.  Be  it  enacted  by  the  general  assembly,  that  F.  P.  Turner,  E. 
II.  Rader,  J.  L.  Armstrong,  William  nfoCoy,  S.  J.  C.  Davenport, 
Reuben  Douglas.  .  P.  Scott,  T.  B.  Fitzhagb,  William  B.  hfcMahon, 
Daniel  Frost  and  Jonathan  Hyde,  and  such  other  persons  as  are  now 
<>r  may  hereafter  be  associated  with  them,  shall  be  and  are  hereby 
made  and  constituted  a  body  politic  and  corporate,  by  the  name  and 
BtyleofThe  aokson  County  Agricultural  Society;  with  a  capital 
not  exceeding  twenty-five  thousand  dollars,  in  shares  of  one  dollar 
each;  to  be  used  to  promote  the  purposes  of  said  society,  and  not 
otherwise;  and  by  the  said  name,  shall  have  perpetual  succession 
and  a  common  seal ;  may  sue  and  be  sued,  plead  and  be  impleaded  ; 
and  may  make  such  by-laws,  rules  and  regulations  for  its  govern- 
ment as  they  may  deem  fit,  not  inconsistent  with  the  constitution  and 
laws  of  this  state  or  of  the  Unlit  d  States  :  and  the  said  society  shall 
be  invested  with  all  the  powers  and  privileges  conferred,  and  he  sub- 
ject to  all  the  regulations  and  restrictions  imposed  by  the  fifty-sixth 
and  fifty-seventh  chapters  of  the  Code  of  Virginia,  so  far  as  the 
same  arc  applicable,  and  are  not  inconsistent  with  the  provisions  of 
this  act. 


powitk  of  2.   The  said  society  shall  have  power  and  authority  to  purchase, 

company  .  ,  ,     , .  .  .      ,     .  „ 

receive  and  hold,  to  them  and  their  successors  lorever,  or  to  rent  or 
[ease  for  a  term  of  years,  such  lands,  tenements,  goods  and  chattels 
as  may  be  necessary  or  proper  for  the  use  of  said  society,  and  to 
borrow  money  to  make  such  purchases,  and  to  sell,  lease  or  other- 
wise dispose  of  the  same:  provided,  that  the  quantity  of  land  thus 
to  be  held  and  enjoyed  shall  not  exceed  one  hundred  acres. 

Dlrecton,  how        3.    And  the  said  society  shall  have  power  to  elect  a  board  of  direc- 

appoiund,   their  ,  ,  .  „ 

number,  fee  tors,  to  consist  of  not  less  than  nine  nor  more  than  twenty-live  mem- 
bers ;  to  provide,  b}'  its  constitution  or  by-laws  for  the  appointment 
of  a  president  and  such  other  officers  as  may  be  necessary,  and  to 
require  from  any  of  them  bond  with  security,  in  such  penalty  as  may 
be  deemed  proper  and  sufficient  to  secure  the  faithful  discharge  of 
their  duties. 

t';ommcnc:r.ient  4.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject 
to  modification  or  repeal,  at  the  pleasure  of  the  general  assembly. 


Company 
incorporated 


ClIAr.  201. — An  ACT  to  incorporate  the  Industrial  Society  of  Wood  County, 
rasscd  March  20,  1861. 

1.   Tie  it  enacted  by  the  general  assembly,  that  James  M.  Ste- 
phenson, Hugh  P.  Dils,  Benjamin  R.  Pcnnybacker,  John  Hanna- 


MANUFACTURING    COMPANIES.  281 

man,  Benjamin  Toothman,  Jacob  B.  Blair,  John  Kiooheloe,  Jacob 
Cork,  Barnet  II.  Foley,  Jerome  MoMullen,  Paul  Cook.  Samuel  S. 
Spencer  and  James  Cooper,  and  such  Other  persona  U  are  now  or 
ma}-  hereafter  be  associated  with  them,  shall  be  and  they  are  hereby 
constituted  a  body  politic  and  corporate,  by  the  Dame  and  Btyle  of 
The  Industrial  Society  of  Wood  County;  with  a  capital  not  exceed- 
ing' thirty  thousand  dollars,  in  shares  of  one  dollar  each,  to  be  used 
to  promote  the  purposes  of  said  society,  and  not  otherwise;  and  by 
the  said  name,  shall  have  perpetual  succession  and  a  common  seal; 
and  may  sue  and  be  sued  ;  and  may  make  such  by-laws,  rules  and 
regulations  for  its  government  as  they  may  deem  fit,  not  inconsistent 
With  the  constitution  and  laws  of  this  state  or  of  the  United  States: 
and  the  said  society  shall  be  invested  with  all  the  powers  and  privi- 
eonferred.  and  be  subject  to  all  the  restrictions  Imposed  by  the 
fifty-sixth  and  fifty-seventh  chapters  of  the  Code  of  Virginia,  so  far 
as  the  same  are  applicable,  and  not  inconsistent  with  the  provisions 
of  this  act. 

2.  The  said  society  may  purchase,  receive  and  hold,  to  them  and  Powers  of 
their  successors  forever,  or  rent,  or  lease  for  a  term  of  years,  such  company 
lands,  tenements,  goods  and  chattels  as  may  be  necessary  or  proper 
for  the  u^c  of  said  society;  and  may  borrow  money  to  make  such 
pnrchasi  b;  and  may  sell,  lease  or  otherwise  dispose  of  the  same;  but 
the  quantity  of  land  thus  to  be  held  and  enjoyed  shall  not  exceed  one 
hundred  acres. 

.'?.    The  said  society  may  elect  a  board  of  directors,  to  consist   of  Direeton,  how 
not  less  than  nine  nor  more  than  fifteen  members;  and  may  provide ''i>1Hm 
by  its  constitution  or  by-laws  for  the  appointment  of  a  president  and 
sueli  other  officers  as  may  be  necessary,  and  require  from  any  of  them 
bond  iritfa  security  in  such  penalty  as  may  be  deemed  Sufficient  to  se- 
cure the  faithful  discharge  of  their  duties. 

4.    This  ad  shall  be  in  force  from  its  passage,  and  shall  be  subji  c4  commencement 
to  modification  or  repeal,  at  the  pleasure  of  the  general  assembly. 


Ciim'  208  —An  A<  T  to  in     •;      >'■    th<   Virginia  Boot  and  U     afae- 

tuiiiiix  <  lompany, 

raniK-'I  January  2."i,  IML 

I,   Be  it  «  mm  h  i  by  the  general  assembly,  thai  James  Q.  Minoi 
W.  -  1.  Hugh  I..  Qallaher,  William  Q  D  rHU* 

Crenshaw  and    !>.  T.  lb-hie,  ami   SUCfa  other  :linn 

five)  as  ma]  hereafter  !■•  l  with  them,  their  n  and 

■  by  incorporated,  under  the  name  of  The  Virginia 

ofacturii  .  purpose  of  mam- 


282 


MANUFACTURING    COMPANIES. 


"f 


la  what  stock 
DMj  be  paid 


Power*  of 
rompany 


factoring  and  dealing  in  hunts  and  shoes,  and  materials  and  appliances 
ooaneetod  with  the  same,  under  snob,  rights,  patents  or  licenses  as 

said  company  may  own  DI  acquire. 

2.  Be  it  farther  enacted,  that  hooka  of  subscription  may  be  opened 
at  soeh  times  and  places,  and  in  such  manner  as  the  persona  named 
in  the  preceding  Bection,  <>r  any  three  of  thein,  may  d<  siguate,  for 
the  purpose  of  receiving  subscriptions  from  individuals  or  corpora- 
tions to  an  amount  not  exceeding  live  hundred  thousand  dollars  ;  and 
tin-  said  company  may  lie  organized  as  soon  as  the  sum  of  twenty- 
five  thousand  dollars  is  subscribed.  The  whole  or  any  part  of  the 
capital  stock  may  lie  paid  in  lands,  buildings,  materials,  patent  rights, 
licenses  or  other  property  necessary  or  proper  for  the  business  of  the 
company  :  and  said  company  may  borrow  money  or  acquire  pro- 
perty, upon  the  issue  of  their  notes,  bonds,  hills,  or  other  evidences 
of  debt;  and  may  take,  accept  or  endorse  such  notes,  bills  of  ex- 
change or  other  evidences  of  debt  as  may  he  necessary  or  proper  in 
the  transaction  of  their  business;  and  may  mortgage,  convey  or 
pledge  their  lands,  franchises  or  other  property  ;  and  shall  be  subject 
to  chapter  fifty-six  of  the  Code,  and  also  to  chapter  iifty-seveii,  with 
the  exception  of  section  thirty-five  thereof,  so  far  as  the  said  chapters 
are  applicable  to  and  not  inconsistent  with  any  provisions  of  this 
act,  and  also  to  any  other  act  of  the  general  assembly  applicable  to 
the  same:  provided,  that  the  said  company  shall,  before  exercising 
any  of  the  privileges  of  this  act,  determine  upon  their  place  of  doing 
business  in  this  commonwealth,  and  make  known  the  same  by  pub- 
lication in  at  least  two  newspapers  published  in  the  city  of  Richmond, 
for  two  months:  and  provided  further,  that  ten  thousand  dollars  in 
momy  shall  first  bo  subscribed  and  paid. 

Commenciment       .'J.    This  act  shall  be  in  force  from  its>  passage,  and  shall  be  subject 
to  repeal  or  modification,  at  the  pleasure  of  the  general  assembly. 


i 

business  to  be 
made  kiiowa 


Chap.  203. — An  ACT  to  incorporate  the  James  River  Boot,  Shoe  and  Leather 
Munulke tilling  Company. 


Company 
incorporated 


Pawed  March  87, 18G1. 

1.  Be  it  enacted  by  the  general  assembly,  that  Henry  C.  Cabell, 
Charles  W.  Purcell,  Johnson  II.  Sands,  and  such  other  persons  as 
may  be  hereafter  associated  with  them,  shall  be  and  they  are  hereby 
constituted  a  body  politic  and  corporate,  by  the  name  and  stylo  of 
The  dames  River  Boot,  Shoe  and  Leather  Manufacturing  Company; 
and  by  that  name  and  style,  are  invested  with  all  the  rights  and 
privileges  conferred,  and  made  subject  to  all  the  regulations  and  re- 
strictions imposed  by  the  Code  of  Virginia,  applicable  to  such  corpo- 
rate bodies,  and  not  inconsistent  with  this  act.     The  persons  above 


MANUFACTURING    COMPANIES.  283 

named  shall  be  commissioners,  any  two  of  whom  may  receive  sub- 
scriptions to  the  stock  of  this  company. 

2.  The  capital  stock  of  said  company  shall  not  be  less  than  twenty  Capital  *tock 
thousand  nor  more  than  one  hundred  thousand  dollars,  in  shares  of 

fifty  dollars  each,  in  par  value. 

3.  The  company  shall    have   power  to  establish  such  tanyards,  rower*  of 
shops,  storehouses  and  other  buildings  and  facilities  as  may  be  requi- 
site for  the  manufacture  of  hoots  and  shoes,  and  of  leather  and  of 
leather  manufactures  of  every  variety,  and  to  conduct  such  businesses 

in  all  their  branches. 

4.  The  company  shall  have  power  and  authority  to  appoint  one  or  Agent*, how 
more  persons  to  manage  the  business  of  the  said  company.    The  said  Reaieitata 

company  shall  have  power  to  hold  real  estate  in  the  county  of  Ches- 
terfield and  the  county  of  Henrico,  not  exceeding  seventy  acres, 
and  in  the  city  of  Richmond  not  exceeding  one  acre,  and  one  acre  in 

the  town  of  Manchester,  at  anyone  time,  by  lease,  purchase  or  other- 
wise, with  power  to  sell  and  convey,  or  to  mortgage  any  real  and  per- 
sonal  effects   of  which   it  may  be  in   possession,  at   pleasure.     The  Fundi,  how 

company  shall  have  power  and  authority  to  invest  its  capital  stock  invc8te 
or  its  other  funds  in  stocks  of  this  state,  or  in  the  bonds  or  stock  of 
any  incorporation  within  this  state. 

5.  This  act  shall  be  in  force  from  and  after  the  passage  thereof.      Commonce-mee* 


Chap.  204. — An  ACT  to  incorporate  the  Amherst  and  Nelson  Woolen  Ma- 
nufacturing Company  in  the  County  of  Nelson. 

Pined  February  16,  li 

1.    T?e  it  enacted  by  the  general  assembly,  that  James  M.  Dillard,  Company 
Peter  II.  Dillard,  and  such  others  as  ntaj  te  with  them,  shall 

be  and   tin  y   are   hereby   incorporated   and   made   a   body   politic  and 

corporate,  under  the  name  and  style  of  The  Amherst  and  Nelson 
"Woolen  Manufacturing  Company;  for  the  purpose  of  manufacturing 
wool,  eotton.  iron  and  leather  at  Tye  riv«  r  depot  00   t1  and 

Alexandria  rail  road   in   the  county  of  Nelson  :   and  tin  v  are  hereby 
ted  with  the  powers  and   rights  conferred  on   inch  corporate 
bodies,  and  mad<  subject  to  the  regulations  and  d  ribed  by 

chapter  fifty-seven  of  the  Code  of  Virginia. 

capita]  sb  than  ten  i  I 

ind  dollars  nor  more  than  fifty  thousand  dollars,  to  be  divided 
hares  of  fifty  dollar.-  each.    The  company  shall  have  the  i 
to  purchase  and  hold  land  not  exca  ding  -<  •.  <  nt\  : 

act  shall  be  in  foro  Groin  it    pat  i  commaMH 


284 


MANUFACTURING    COMPANIES. 


Company 
incorporated 


Chap.  205. — An  ACT  to  incorporate  tlie  Oxford  Cotton  and  Woolen 
Company. 

Tossed  March  16, 

I.  Be  it  enacted  by  the  general  assembly,  that  Thomas  Doswell, 
William  A.  Moncure,  Thomas  H.  Fox,  Benior,  Thomas  II.  Fox, 
junior,  John  T.  Anderson,  James  M.  Taylor,  Chastain  White,  Buck- 
ner  T.  Trevilian  and  Doctor  W.  H.  Fox,  with  such  other  persons  aa 
may  be  hereafter  associated  with  them,  shall  he  and  they  arc  hereby 
incorporated  and  made  a  body  politic,  under  the  style  and  name  of 
The  Oxford  Cotton  and  Woolen  Company;  for  the  purpose  of  manu- 
facturing and  selling  goods  made  of  silk,  hemp,  wool  or  cotton,  at 
Oxford  in  the  county  of  Caroline :  and  the  said  company  is  hereby 
invested  with  all  the  rights,  privileges  and  powers,  and  subject  to  all 
the  limitations  and  restrictions  conferred  and  imposed  upon  such 
bodies  politic  and  corporate  by  the  fifty-sixth  and  fifty-seventh  chap- 
ters of  the  Code,  so  far  as  they  are  applicable  to  and  not  inconsistent 
with  the  powers  herewith  granted  and  contained. 


Real  estate  2.    That  the  said  company  shall  have  power  to  purchase  and  hold 

real  estate  and  water  privileges  in  the  county  of  Caroline,  which  may 
be  necessary  for  their  business,  and  may  sell  and  convey,  lease,  rent 
or  otherwise  dispose  of  the  same. 

Capital  3.   That  the  capital  stock  of  the  company  shall  not  be  less  than 

ten  thousand  dollars  nor  more  than  one  hundred  thousand  dollars, 
divided  into  shares  of  fifty  dollars  each. 

Commencement  4.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject 
to  amendment,  alteration  or  modification,  at  the  pleasure  of  the  ge- 
neral assembly. 


Company 
incorporated 


Chat.  2UG. — An  ACT  to  incorporate  the   Rocky  Toint  Lime  and  Marble 
Manufacturing  Company  in  the  County  of  Botetourt. 

Pussed  April  2,  18G1. 

1.  Be  it  enacted  by  the  general  assembly,  that  John  S.  Wilson, 
John  W.  Jones,  T.  Henry  Johnston,  John  II.  Wilson,  AValter  G. 
Turpin,  and  such  other  persons  as  they  may  associate  with  them, 
shall  be  and  they  are  hereby  incorporated  and  made  a  body  politic, 
under  the  name  and  style  of  The  Rocky  Point  Lime  and  Marble 
Manufacturing  Company,  in  the  county  of  Botetourt;  for  the  pur- 
pose of  manufacturing  lime,  and  carrying  on  a  marble  business  in 
the  said  county  ;  and  arc;  hereby  invested  with  all  the  rights,  powers 
and  privileges  conferred  upon  such  bodies  corporate,  and  subject  to 


MANUFACTURING   COMPANIES.  285 

all  the  restrictions  and  limitations  contained  in  the  Code  of  Virginia, 
and  all  acts  amendatory  of  the  same,  so  far  as  the  same  are  applica- 
ble to  and  not  inconsistent  with  the  rights  and  powers  hereby  con- 
ferred. 

2.  The  capital  stock  shall  not  he  loss  than  fifty  thousand  dollars  Capital  stock 
nor  more  than  one  hundred  thousand    dollars,   to  be  divided  into 

shares  of  fifty  dollars  each  ;  and  the  said  company  BhaU  have  power 
to  purchase,  hold  and  possess  land  not  exceeding  two  hundred  and 
three  acres  at  any  one  time. 

3.  This  act  shall  he  in  force  from  its  passage,  and  shall  he  subject  Commiuconiont 
to  amendment,  modification  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


Chap.  207. — An  ACT  to  ainpnd  the  Charier  of-the  Virginia  Car  Spring 

Company. 

rassod  March  15,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  186° 
the  act  incorporating  the  Virginia  car  spring  company,  passed  March 

the  nineteenth,  eighteen  hundred  and  sixty,  is  hereby  amended  so  as 
to  read  as  fellows : 

"§1.    Be  it  enacted  by  the' general   assembly,  that  Addison  M.  Company 

incorj 
Burt,  John  .1.  Fields,  James  S.   L.  Cummins,  1).  T.  Bisbie,  George 

W.  Grice,  Samuel  Watts,  and  such  other  persons  as  may  hereafter 
-ociated  with  them,  their  successors  and  assigns,  are  hereby  in- 
corporated under  the  name  of  The  Virginia  Car  Spring  Company ; 
for  the  purpose  of  manufacturing  and  dealing  in  India  rubber  or  me- 
tallic springs,  and  other  articles  composed  in  whole  or  in  part  of  India 
rubber  or  other  material,  under  the  several  patents  of  Henry  W. 
Joslin,  Asahel  K.  Eaton,  John  J.  Fields,  and  such  other  patents, 
rights  or  licenses  as  said  company  may  acquire." 

2.  This  act  shall  be  in  force  from  its  |  Commcnc-wo* 


( 'mm'  "J"-. — An  ACT  i"  incorporate  I       I  and 

Agricultural  Impli  i 


••   - 


1.   Be  it  enacted  by  the  general  assembly,  thai  Henry  C.  Cabell,  compear 

Wellington  Coddin  and  Johnson  II.  Bands,  and  nidi  other  pel  .  r»t*d 

as  may   be   he  ;th   them,  shall  be  and    they 


l'm; 


MANUFACTURING    COMPANIES. 


hereby  constituted  a  body  politic  and  corporate,  by  the  name  ami 
style  of  The  Chesterfield  Locomotive,  Car  and  Agricultural  Imple- 
ment Manufacturing  Company;  and  by  that  name  and  style,  are  in- 
vi  ited  with  all  the  rights  and  privileges  conferred,  and  be  subject  to 
all  the  restrictions,  rules  and  regulations  prescribed  by  the  fifty-sixth 
and  fifty-seventh  chapters  of  the  Code  of  Virginia,  bo  far  as  they 
are  applicable  to  and  not  inconsistent  with  the  powers  and  privileges 
oommiMioncrs  herein  contained  and  granted.  The  persona  above  named  shall  be 
commissioners,  any  two  Of  Whom  may  receive  subscriptions  to  the 
stock  of  this  company. 

capital  2.    The  capital  stock  of  said  company  shall  not  be  less  than  twenty 

thousand  nor  more  than  two  hundred  thousand  dollars,  in  shares  of 
fifty  dollars  each,  par  value. 


Power  n{ 
company 


3.  The  company  shall  have  power  to  establish  such  shops,  store- 
houses and  other  buildings  and  facilities  as  may  be  requisite  for  tho 
manufacture  of  agricultural  implements,  furniture,  cars,  locomotives, 
stationary  engines,  and  all  other  kinds  of  machinery,  and  to  con- 
duct such  businesses  in  all  their  branches. 


Agents,  ic 
Real  r state 


Pnnds,  how 
invested 


4.  The  company  shall  have  power  and  authority  to  appoint  one  or 
more  persons  to  manage  the  business  of  said  company.  The  said 
company  shall  have  power  to  hold  real  estate  in  the  county  of  Ches- 
terfield not  exceeding  twenty  acres,  and  in  the  city  of  Richmond  not 
exceeding  one  acre,  by  lease,  purchase  or  otherwise,  with  power  to 
sell  and  convey  the  same,  or  to  mortgage  any  real  and  personal 
effects  of  which  it  may  be  in  possession,  at  pleasure.  The  company 
shall  have  power  and  authority  to  invest  its  capita]  stock  or  its  other 
funds  in  stocks  of  this  state  or  in  the  bonds  or  stock  of  any  incorpo- 
ration within  this  state. 


Commencement      5.    This  act  shall  be  in  force  from  and  after  the  passage  thereof. 


Company 
incorporated 


Chap.  209. — An  ACT  to  incorporate  the  Southern  Manufacturing  Company. 

iv.  -   i  February  lfi,  1861. 

1.  lie,  it  enacted  by  the  general  assembly  of  Virginia,  that  Samuel 
C.  Robinson,  Henry  K.  Ellyson,  Thomas  Dodamead,  Woodson  P. 
Harwood,  George.  \V.  Smith,  and  such  other  persons  as  may  be  here- 
after associated  with  them  under  the  provisions  of  this  act,  and  their 
Successors,  shall  be  and  they  are  hereby  incorporated  and  made  a 
body  politic  and  corporate,  umh  r  the  name  and  style  of  The  Southern 
Manufacturing  Company;  and  by  that  name,  may  contract  and  bo 
contracted  with,  sue  and  be  sued,  plead  aud  be  impleaded  in  all 


MANUFACTURING    COMPANIES.  287 

courts  and  places;  have  a  common  seal,  and  alter  the  same  at 
pleasure;  and  may  make  all  necessary  by-laws  and  regulations  for 
the  government  of  the  paid  company,  not  inconsistent  with  the  con- 
stitution and  laws  of  the  state  of  Virginia. 


:f 


2.  Said  company  shall  have  power  to  purchase  and  hold  such  real  Real  estate,  &c 
estate  in  the  city  of  Richmond,  (own  of  Manchester,  or  in  the  counties 

of  Henrico  or  Chesterfield,  not  exceeding  twenty-five  acres,  and  such 
personal  property  as  they  may  deem  necessary  and  proper  for  carry- 
ing on  the  manufacture  of  all  kinds  of  small  arms,  ordnance,  shot, 
shell,  eastings,  machinery,  and  other  manufactures  composed  wholly 
or  in  part  of  iron  ;  and  shall  also  have  power  to  Bell  or  exchange  and 
convey  their  real  estate  and  personal  properly  at  their  pleasure;  and 
they  shall  have  power  to  contract  with  the  .lames  river  and  Kanawha 
canal  company  or  with  any  other  parties  for  the  use  of  water  power, 
if  desired,  for  the  purpose  of  driving  the  machinery  for  their  manu- 
factory. 

3.  The  capital  stock  of  the  company  shall  not  he  less  than  ten  Capital  §tock 
thousand  dollars  or  more  than  five  hundred  thousand  dollars,  to  be 

divided  into  shares  of  one  hundred  dollars  each;  which  may  bo 
subscribed  and  paid  for  in  such  manner  as  may  he  prescribed  by  said 
company  in  their  by-laws;  and  said  shares  may  he  transferred  in 
such  manner  as  said  company  by  its  by-laws  may  direct. 

4.  The  company  shall  have  power  in  the  case  of  purchasing  any  Stock  may  bo 
real  estate  not  exceeding  the  amount   herein  before  named,  or  per-  cbueofx£l 
Bonal  property  necessary  for  the  conducting  and  carrying  on   tluir  ,stat0 
business,  to  issue  stock,  to  tin'  extent  of  the  cost  of  the  same,  to  tho 

parties  from  whom  it  may  be  purchased  ;  the  same  to  form  a  part  of 
the  capital  stock  as  above  provided  for. 


5.  The  said  company  shall  have  power  and  authority  to  appoint  A  pent*  to 

anacr  afl 
company 


one  or  more  of  its  members  or  other  person  or  persons  to  manage  J"fanas 


and  control  and  direct  the  business  of  said  company,  according  to 
the  by-laws,  rubs  and  regulations  which  may  from  time  to  time  be 
adopted  by  said  company  foi  its  government  and  the  transact mn  of 

-;  aud  shall  have  all  the  ri^lit<  and  privileges  conferred, 
and  be  iibjed  to  all  the  restrictions  and  regulations  prescribed  by  an 
aet  p. i  ted  the  thirteenth  day  <>f  February  eighteen  hundred  and 
thirtj  seven,  prescribing  general  regulations  for  the  incorporation  <>f 

ring  and  mining  companies,  and  laws  amendatory  thereof, 
BO  far  as  nol  U  '  with  the  j,r«.\  .  .if. 

C.  This  act  shall  be  in  force  from  it«  passage.  Comment 


288 


MANUFACTURING     COMPANIES. 


Company 


Ciiai*.  '210. — An  ACT  to  incorporate  the  Virginia  Steam  Sugar  Refitting 

Company. 

Passed  January  SB,  1PC1. 

1.  Bo  it  enacted  by  the  general  assembly  of  Virginia,  that  Charles 
Y.  Morris,  together  with  such  other  persons  as  may  hereafter  be  as- 
soi  iated  with  him,  s-liall  be  and  are  hereby  incorporated  and  made  a 
body  corporate  and  politic,  by  the  name  and  style  of  The  Virginia 
in  Sugar  Refining  Company;  for  the  purpose  of  refining  and 
manufacturing  loaf,  cut  and  refined  coffee  sugars,  at  Rooketts,  near 
James  river  in  the  county  of  Henrico;  and  are  hereby  invested  with 
all  the  rights  and  privileges  conferred  upon  Buoh  bodies  politic  and 
corporate,  and  subject  to  all  the  restrictions  and  limitations  contained 
in  the  Code  of  Virginia,  so  far  as  the  same  arc  applicable,  and  not 
inconsistent  with  the  rights  and  powers  hereby  conferred. 


lock  2.    The  capital  stock  shall  not  be  less  than  two  hundred  thousand 

dollars  and  not  more  than  three  hundred  and  fifty  thousand  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  each  :  and  it  shall  be 
lawful  for  the  commissioners  herein  after  appointed  to  open  books  of 
subscription  for  raising  the  said  capital  stock  at  such  times  and  places 
as  they  may  del  ignate. 

Real  ^tate  3.    The  said  company  shall  have  power  to  purchase,  hold  and  pos- 

sess land  not  exceeding  ten  acres  at  any  one  time. 

i  4.  Edward  Wortham,  Richard  G-.  Morris,  Robert  A.  Lancaster, 
Charles  E.  Wortham,  Isaac  Davenport,  jr.  and  Robert  P.  Morris,  or 
any  three  of  them,  are  hereby  appointed  commissioners  to  carry  out 
the  provisions  of  this  act. 


Voted  of 
stockholders 


5.    Each  stockholder  shall  be  entitled  to  as  many  votes  at  any 
meeting  of  the  Stockholders  as  he  may  own  shares  in  said  company. 


Commencement  6.  This  act  shall  he  in  force  from  its  passage,  and  shall  be  subject 
to  amendment,  alteration  or  modification,  at  the  pleasure  of  the  gene- 
ral assembly. 


Company 
Incorporated 


Chap.  211. — An  ACT  for  the  incorporation  of  the  Kanawha  Salt  Company. 
Passed  March  30,  1861. 

I.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  John 
D.  Lewis,  James  M.  Laidley,  Benjamin  II.  Smith,  John  N.  Clark- 
son,  James  EL  Fry,  William  R.  Cox,  William  D.  Shrewsbury,  Henry 
Chappell,  or  any  or  cither  of  them,  and  such  other  persons  as  may 


MANUFACTURING    COMPANIES.  289 

be  associated  with  them,  be  and  they  are  hereby  constituted  a  body 
politic  and  corporate,  by  the  name  and  style  of  The  Kanawha  Salt 
Company  ;  the  capital  stock  of  which  shall  nol  bo  less  than  two  hun-  Capital  stock 
dred  thousand  dollars  nor  more  than  one  and  a  half  millions  of  dol- 
lars, for  the  purpose  of  manufacturing,  baying  and  Belling  sail  :  and 
said  company  is  hereby  invested  with  all  the  rights,  privileges  and 
powers  conferred,  and  subject  to  all  the  duties  and  liabilities  imposed 
by   chapters   fifty-six   and    fifty-seven  of  the  Code  of  Virginia,  BO  far 

as  the  same  arc  consistent  with  the  provisions  hereof. 

2.  The  stock  of  said  company  shall   consist  of  salt    property  and  Of  what 
Coal   property,  or  in  pari  of  cash  and   in   part  of  such   salt    and  coal 
property.      Such    part  of  said  capital    stock,  if  any,  as  shnl!   he   snb- 
scribed   in  cash,  shall  be  paid  in  BUcb  sums  and  at  such   period 

shall  he  prescribed  by  the  presidenl  and  directors  of  said  company 
after  the  same  shall  he  organized  :  provided,  that  of  the  cash  capital, 
ten  per  centum  thereof  shall  he  paid  at  the  time  of  subscribing. 

3.  Books  of  Subscription   to  said  capital   stock  may  be  opened  at  !■ 
Charleston  in   said  county,  under  the   superintendence  of  Alexander  opened0' 
T.  Laidley,  John  M.  Doddridge,  Willi;!!!!  .T.  Sand,  George  M.  Mor- 
rison. William  A.  Whittaker  and  Thomas  L.  Broun,  or  any  two  of 
them,  at  the  office  of  the  first  named  commissioner,  and  shall  remain 

open  until  the  maximum  capital  stock  shall  be  subscribed,  or  until 
the  same  shall  he  closed  by  order  of  said  president  ami  directors, 
and  after  the  minimum  capital  stick,  as  aforesaid,  shall  he  sub- 
scribed. 

4.  When  subscriptions  to  said  capital  stock   shall  be  made  in  salt  Whea  rampanjr 
or  coal  property,  the  subscriber  shall  so  indicate  the  same  in  general  ponted 

descriptive  terms;  and  when  such  stock  shall  be  subscribed  in  cash, 
such  subscription  shall  be  so  indicated  in  shares  of  one  hundred  dol- 
'  uli-  The  subscribers  and  their  legal  representatives  shall 
stand  incorporated  when  two  hundred  thousand  dollars  si, .ill  be  sub- 
scribed in  cash,  or  when  salt  property  iii  good  working  order,  capa- 
ble of  manufacturing  not  h <m  than  five  hundred  thousand  bushels  of 

salt  per  annum,   combined   with   n©  coal   lands,  shall   be  sub- 

scribed by  the  owners  thereof.     And  ;i~  toon  tie  reafb  r  as  the  slot  meet- 

bolder-  may  think  proper,  a  general  meeting  maybe  called  att 

BOWn   oi   Charleston    for    the   organisation   of   said   company,   for  the 

adoption  of  ;i  code  of  by-Liu.-,  and  for  the  election  I  ;   Dl  and 

as  many  d  .i\  think 

proper. 

■  mpany  shall  have  DOWer  to  purchase  in  he  and  to  ha-.   |v„,frr,f 
t.ir  a  !■  no  •  "T">y 

vha  and  m  neighbe  >                   may 

r  with  i  coal  land* 

as  may  be  deemed               j    and  oow  the 
19 


2f>0 


MANUFACTURING    COMPANIES. 


manufacture  of  salt ;  and  in  payment  for  such  salt  ami  coal  property. 
whether  the  same  be  purchased  or  leased  by  said  company,  or  re- 
ceived on  subscription  as  part  of  the  capital  stock  thereof,  may  issue 
certificates  of  Btock  in  said  company  for  the  agreed  value  thereof, 
or  may  execute  the  promissory  notes  of  said  company,  and  secure 
the  payment  thereof  by  mortgage  or  deed  of  trust  upon  all  or  any 
portion  of  their  salt  and  coal  property.  Said  company  may  also 
borrow  money  not  exceeding  two  hundred  thousand  dollars,  and  may 
secure. the  payment  thereof  by  mortgage  or  trust  as  aforesaid  upon 

any  of  their  real  estate. 
Commencement       6.    Tills  act  shall  he  in  force  from  its  passage,  and  shall  he  subject 

to  repeal  or  modification,  at  the  pleasure  of  the  general  assembly. 


Art  of  1856 
;iim-ndi<l 


Company 
incorporated 


Chap.  212. — An  ACT  to  amend  an  ad  passed  March  13,  1856,  entitled  an 
act  to  amend  an  act  passed  February  26,  1856,  to  amend  the  Charter  of 
the  New  Creek  Company  of  Hampshire  County. 

Pawed  March  15,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 
the  act  passed  March  the  thirteenth,  eighteen  hundred  and  fifty-six, 
entitled  an  act  to  amend  an  act  passed  February  the  twenty-fifth, 
eighteen  hundred  and  fifty-six,  to  amend  the  charter  of  the  New 
creek  company  of  Hampshire  county,  be  amended  and  re-enacted  so 
as  to  read  as  follows  : 

"§  1.  That  Duff  Green,  Benjamin  E.  Green,  dames  11.  Hamilton 

and  Robert  Lyon,  or  any  three  of  them.  may.  at  such  time  ami  place 
a>  they  may  deem  expedient,  open  hooks  of  Bubsoription  for  a  new 
company:  and  whenever  four  hundred  shares,  at  the  rate  of  fifty 
dollars  each,  shall  he  subscribed,  the  shareholders  may  proceed  to 
organize  said  company  by  the  election  of  as  many  directors  as  they 
may  deem  necessary,  nol  exceeding  seven  in  number,  one  of  whom 
shall   be  president  ;   and  when  so  organized,   the  said  company  shall 

be  and  is  hereby  made  a  body  politic  and  corporate,  under  the  name 

and  sh  le  of  The  New  Creek  Company;  and  shall  have  and  possess 

the  same  rights,  powers  and  privileges  as  were  heretofore  granted  to 

i  tlk'  Union  Potomac  company ;  and  the  president  and  directors  may 

Keeive  additional  subscription  until  the  capital  stock  shall  he  made 
up  :  and  the  Baid  company  is  hereby  authorized  to  increase  the  par 
value  of  their  present  shares  from  ten  to  fifty  dollars  each,  by  con- 
verting five  shares  of  the  present  stock  of  ten  dollars  into  one  share." 

Certain  sections      2.    Be  it  further  enacted,  that  the  second  section  of  the  said  act  of 
repealed  .March  the  thirteenth,  eighteen  hundred  and  fifty-six,   be  and  the 

same  is  hereby  repealed. 

Commencement      3.    This  act  shall  be  in  foroe  from  its  passage. 


MINING   AND    MANUFACTURING    COMPANIES.  'J01 


CHAP.  213. — An  ACT  incorporating  the  Gilmer  Oi]  Mining  and  Manufac- 
turing1 Company  in  the  County  of  Gilmer. 

Passed  February  12,  1861. 

1.  !>o  it  enacted  by  the  general  assembly,  that  Ifinter  Jackson,  company 
Thomas  M.  Harris,  and  Bucb  other  persona  as  they  may  associate  mcorpor' 
with  them,  shall  be  and  arc  hereby  incorporated  and  made  a  body 
politic  and  corporate,  by  the  name  of  The  Gilmer  Oil  and  Manufac- 
turing Company;  for  the  purpose  of  mining  for  or  manufacturing  coal 

oil  or  rock  oil,  oil,  coal  and  other  minerals:  and  they  are  hereby  in- 
v.  Bted  with  the  rights,  powers  and  privileges,  and  subject  to  all  the 
rules,  regulations  and  restrictions  provided  and  prescribed  in  the 
Code  of  Virginia,  and  any  laws  amendatory  thereof,  so  far  as  the 
same  arc  applicable  to  and  not  inconsistent  with  the  powers  and 
rights  herein  granted. 

2.  The  capital   stuck  of  the  said  company  shall  not  be  less  than  Capital  stock 
fifty  nor  more  than  one  hundred  and  fifty  thousand  dollars,  to  be  di- 

vided  into  shares  of  one  hundred  dollars  each:  and  the  said  Minter 
Jackson  and  Thomas  M.  Harris,  and  those  whom  they  may  associate 
witli  them,  may  open  books  of  subscription  to  the  capital  stock  at 
Such   time  and    place  as  they  shall   deem   expedient:    and   they  are  Subscription*, 

hereby  authorized  to  receive  subscriptions  in  land  and  personal  pro-  ° 
perty,  at  such  value  as  may  be  agreed  Upon,  and  to  fix  and  direct  the 
amount  to  be  paid  by  each  subscriber  for  stock,  at  the  time  of  making 
his  subscription.     In  all  general  meetings  <>f  the  stockholders  of  said 
company,  each  stockholder  shall  have  as  many  votes  as  he  has  shares. 


'■'.    The  stockholders  may  elect   not    less  than  three  nor  more  than  President  and 

nrtorK 


nine  directors,  who  of  their  number  may  elect  a  president.     The  pre-  Thel**" 


sident  ami  directors  shall  have  power  to  make  by-laws  for  the  man- 
agement of  the  company  \  to  alter  and  amend  the  same  :  to  appoint 
and  clerks,  and  discharge  the  same  at  pleasure;  to  borrow 
money,  not  exceeding  bv!  any  one  time  one  hundred  thousand  doll 
by  the  issue  of  coupon  or  other  bomb,  uofc  -  or  bills  of  exchange,  and 
may  secure  she  same  by  mortgage  of  the  real  or  personal  property  of 
the  company. 

■1.   The  said  company  shall  have  the  right  to  purchase,  hold,  w  D  p 
and  convey  laud-  in  the  counties  of  Gilmer,  Calhoun,  and  the  adjoin- 
counties,!]  ng  twenty  thousand  acres  at  any  one  time. 

5.    It    shall   be   lawful    for   said    company  to  Construct    rail    road-  "l  r.ml  rosdg 

other  madi  npsny  direct,  from 

any  point  or  point-  on  tie  lr  am  n  lands,  d<  Id  1  r  otherwise 

any  rail  road  or  work  ol  improvement  heretofore  ><r  hereafh  r  to 
:  acted  in  the  i  ounties  <>f  < \Uan  r.  <  slhooo,  or  any  of  the  adj 
in-  counties.  With  1  icfa  nil  road  Of  internal  improve- 


292 


MIXING    AND    MANT'I  A<  TIRINC    COMPANIES. 


ment  companies;  and  shall  have  power  to  construct  such  road  or 
roads  upon  tlic  lands  of  persons  oilier  than  those  of  the  said  com- 
pany, With  the  consent  of  the  owners  of  such  land,  or  by  contract 
with  such  owner:  and  in  case  such  consent  cannot  be  obtained,  then 
the  land   M  acquired  for  the  right  of  way  may  be  condemned   in  the 

manner  prescribed  in  the  fifty-sixth  chapter  of  the  Code  of  Virginia. 


how 
■  rred 


G.  The  stock  of  the  said  company  shall  he  transferable  under  nto| 
regulations  and  restrictions  as  the  president  and  directors  may  estab- 
lish from  time  to  time. 


ciominencement  7.  This  act  shall  be  in  force  from  the  time  of  its  passage,  and 
shall  be  subject  to  amendment,  alteration  or  modification,  at  the 
pleasure  of  the  general  assembly. 


Company 

.nc^rfiorated 


Agents,  how 
ippolnti  i 


Oupital  stock 


CiiAi*.  214. — An  ACT  to  incorporate  the  Hughes'  ('nek  Oil  and  Coal 

Company. 

Passed  January  31,  1861. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  James 
G.  Paxton,  Robert  C.  Steele,  Samuel  Steele,  Jacob  Puller  and  John 
D.  Sterret,  and  their  successors,  are  hereby  created  a  body  politic 
and  corporate,  under  the  name  and  style  of  The  Hughes'  Creek  Oil 
and  Coal  Company  ;  and  by  that  name,  shall  have  perpetual  succes- 
sion ;  may  contract  and  be  contracted  with:  sue  and  be  sued,  plead 
ami  be  impleaded,  in  all  courts  and  places  :  have  a  common  seal,  and 
alter  the  name  at  pleasure;  may  make  all  necessary  by-laws  and 
regulations  for  the  government  of  the  said  company,  not  inconsistent 
with  the  constitution  and  laws  of  the  state  of  Virginia  or  of  the 
United  States,  except  as  herein  after  provided. 

2.  That  said  company  shall  have  power  and  authority  to  appoint 
one  or  more  of  its  members,  or  other  person  or  persons,  to  manage, 
control  and  direct  the  business  of  said  company,  according  to  the  by- 
laws, rules  and  regulations  which  may  from  time  to  time  be  adopted 
by  said  company  for  its  government  and  the  transaction  of  its  busi- 
ness; and  shall  have  all  the  rights  and  privileges  conferred,  and  be 
subject  to  all  the  restrictions,  rules  and  regulations  prescribed  by  the 
fifty-sixth, and  fifty- seventh  chapters  of  the  Code  of  Virginia,  except 
the  thirty-fifth  section  of  chapter  fifty-seven,  and  the  laws  anicnda- 
torj  thereof,  so  far  as  not  inconsistent  with  the  provisions  hereof. 

.'!.  The  capital  stock  of  said  company  shall  be  two  hundred  and 
fifty  thousand  dollars,  with  power  to  increase  it  seven  hundred  and 
fifty  thousand  dollars  more,  to  be  divided  into  shares  of  one  hundred 
dollars  each:  which  may  be  subscribed  and  paid  for  in  such  manner 


MINING    AND    MANUFACTURING    COMPANIES.  203 

as  may  be  prescribed  by  said  company  in  their  by-laws ;  and  said 
shares  may  be  transferred  in  such  manner  as  the  said  company  by  its 
by-laws  may  direct. 

4.  Said  company  shall  have,  power  to  purchase  and  hold  such  real  PoweYsof 
estate  in  the  counties  of  Kanawha  and  Payette,  or  either  of  them,  Real  estate 
not  exceeding  ten  thousand  acres  in  quantity,  and  such  personal  pro- 
perty as  they  may  deem  necessary  and  proper  for  carrying  on  the 
mining  of  coal  and  transporting  the  same  to  market,  and  for  the 
manufacture  of  oil,  iron  or  other  minerals,  the  product  of  such  real 
estate.  Said  company  shall  have  power  to  mine  and  transport  to 
market  coal,  iron  or  other  minerals,  the  products  of  their  lands;  to 
manufacture  oil,  iron  or  Other  minerals,  and  also  to  manufacture  lum- 
ber ;  and  shall  have  power  to  sell  and  convey  their  real  estate  at 

their  pleasure ;  and  to  the  purposes  aforesaid  the  business  of  said 
company  shall  be  confined. 

5.  Said  company  are  hereby  authorized  to  construct  one  or  more  Rail  roads 
rail  roads,  not  exceeding  ten  miles  in  length,  from  any  point  on  their 

said  land-  to  the  Kanawha  river;  and  to  enable  the  said  company  to 
carry  out  the  provisions  in  this  section  contained,  they  are  hereby 
invested  with  all  the  rights,  privileges  and  powers,  and  subjected  to 
all  the  limitations  and  restrictions  contained  in  the  Code  of  Virginia, 
and  the  acts  amendatory  thereof,  in  relation  to  rail  road  companies, 
so  far  as  the  same  are  applicable  to,  and  not  inconsistent  with  the 
provisions  of  this  act  :  provided  the  said  company  shall  not  have 
power  to  invade  or  occupy  the  lands  of  others  in  the  construction  of 
their  said  rail  road,  without  the  consent  of  the  owners  of  said  lands. 

<i.    This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject  Commencement 
to  modification,  alteration  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


Chap.  216. — An  ACT  to  incorporate  the  Little  Kanawha  Mininp  ami  Manu- 
facturing Company. 

raogfd  M:iifh  96,  1861.  , 

I.    Be  it  enacted  by  the  general  anembly,  that  . Jonathan  II  npany 

n.  tt.  <;.  J.  Botcher,  C.  s.  Hurley,  William  W.  Parker  and  Stafford 
11.  Parker,  and  such  other  persons  as  tiny  i:  ate  with  diem, 

•hall  he  a  corporation,  the  name  whereof  shall  be  The  Little  Kanawha 

Mining  and  Manufacturing  Company ;  for  the  purpow  of  mining  and 
procuring  coal  and  oil,  and  cutting  timber  in  the  counties  of  Gilmer, 

Calhoun  and  Wirt,  and  manufacturing,   transporting  and   selling  the 

The  said   persons  may  make,  and  the  said  compam 

mbacriptioni  in  money,  land  and  other  property,  in  shan 


294 


MINING    AND    MANUFACTURING    COMPANIES. 


hundred  dollars  each,  to  an  amount  nol  exceeding  one  hundred  thou- 
Capitai stock      sand  dollar.*:  whioh  shall  constitute  a  joint  Btock  for  the  purpose 
aforesaid.    The  said  company  may  hold  lands  to  an  amount  not  ex- 
ceeding ten  thousand  dollars. 


Cowmen 


This  act  shall  be  in  force  from  its  passage. 


Company 
Incorporated 


Chap.  216. — An  ACT  to  incorporate  the  Silver  Run  Mining  and  Manufac- 
turing Company. 

i   March  15,  1861. 

1.  Bo  it  enacted  by  the  general  assembly,  that  Cyrus  Hall,  An- 
drew J.  Core,  William  Patton,  David  McGregor  and  William  II. 
Douglas,  and  Buch  other  persons  as  they  may  associate  with  thou, 

be  a  corporation,  the  name  whereof  shall  he  The  Silver  Run  Mining 
and  Manufacturing  Company ;  for  the  purpose  of  mining  coal,  pro- 
curing oil  and  cutting  timber  in  the  county  of  Ritchie,  and  manufac- 
turing, transporting  and  selling  the  same.  The  said  persons  may 
make,  and  the  said  company  receive,  subscriptions  in  money,  land 
and  other  property,  in  shares  of  one  hundred  dollars  each,  to  an 
amount  not  exceeding  one  hundred  thousand  dollars:  which  shall 
constitute  a  joint  stock  for  the  purpose  aforesaid.  The  said  company 
may  hold  land  to  an  amount  not  exceeding  ten  thousand  acres. 

Commencement       2.    This  act  shall  commence  and  he  in  force   from   and   after  its 
passage. 


I  lapital  stock 


i  Company 
Incorporated 


(  ii  u\  '217. — An  ACT  to  incorporate  the  Coal  and  Oil  Company  of  Braxton 
County,  Virginia. 

Passed  March  15,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  William  Bayne, 
George  W.  Bhowacre,  Charles  Bayne,  John  S.  Fisher  and  Patterson 
Bayne,  and  such  other  persons  as  maj  be  hereafter  associated  with 
them,  shall  be  and  they  are  hereby  made  a  body  politic  and  corpo- 
rate, under  the  name  and  style  of  The  Coal  and  Oil  Company  of 
Braxton  Count}',  Virginia;  for  the  purpose  of  mining  for  coal,  manu- 
facturing oil,  iron  and  other  minerals,  metals  and  lumber;  and  they 
are  hereby  invested  with  all  the  rights,  powers  and  privileges  con- 
ferred, and  made  subject  to  all  the  rules,  regulations  and  restrictions 
imposed  by  the  Code  of  Virginia,  and  any  laws  amendatory  thereof, 
so  far  as  the  same  may  be  applicable  to  and  not  inconsistent  with  the 
powers  and  rights  herein  granted. 


MINING   AND    MANUFACTURING    COMPANIES.  295 

2.  The  capital  stock  of  said  company  shall  not  be  less  than  fifty  Capital  stock 
thousand  dollars,  to  be  divided  into  shares  of  ten  dollars  each;  and 

the  said  company  may  purchase  and  hold  land  in  the  county  of 
Braxton,  not  exceeding  at  any  one  time  nine  hundred  and  twenty- 
five  acres. 

3.  The  said  company  may  construct  mi  its  lands  one  or  more  rail  company  may 
roads  lor  the  purpose  of  transmitting  its  products  to  market :  pro- raijsroajK 
Tided,  that  they  shall  not  have  power  to  construct  such  road  or  roads 

through  the  land  of  any  person  without  his  consent,  and  that  they 
shall  not  lie  entitled  to  charge  freight  or  passage  money  for  (lie  trans- 
portation of  tonnage  or  passengers. 

4.  This  act  shall  he  in  force  from  its  passage,  and  shall  he  subject  Commencement 
to  alteration,  modification  or  repeal,  at  the  pleasure  of  the  general 

assembly. 


Chap.  218. — An  ACT  to  incorporate  the  Old  Dominion  Mining  and  Manu- 
facturing Company. 

nd  April   2,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  George  A.  llamill.  fnmpany 
Israel  Kobinson,  and  such  others  as  may  be  hen  after  associated  with 
them,  shall   be   and  they  are  hereby  incorporated   and   made   a  body 
politic  and  corporate,  under  the  name  and  style  of  The  Old  Dominion 
Mining  and  Manufacturing  Company ;  for  the  purpose  of  mining  coal 

and  iron  ore.  and  for  manufacturing  iron,  coal  oil,  candles.  See.  in 
the  county  of  Preston ;  and  are  hereby  invested  with  all  the  privi- 
and  powers  conferred  upon  such  bodies  politic  and  corporate, 
and  subject  1m  all  the  restrictions  and  limitations  contained  in  the 
Code  of  Virginia,  in  relation  to  such  joint  stock  companies. 

2.  G  L  llamill,  Tsrael  Robinson,  Magnus  T.  Bnodgrasa, OomntetaMn 
Francis  11.  Grupy  ami  William  B.  Hill  an-  hereby  appointed  com- 

missioners,  any  three  of  whom  may  act,  to  open  books  of  subscription 
for  the  capital  Btoch  of  the  said  company,  at  inch  time  and  places  as 
tiny  may  appoint. 

::.   The  capital  stock  of  the  said  company  shall  not  be  1<  vpitai  stock 

ten  thousand  dollars  nor  more  than  three   hundred  thousand  do]' 
to  l.e  .livid,  d  int..  shares  of  one  hundred  dollars  or  5ve  hundred  dol- 
nic.l  mosl  expedient  by  the  said  oommis- 

..  majority  of  them  :   and  the  said  company  shall  have  the 
rfghl  to  purchase  and  hold  land  n 

I-    I  olders  may  eled  MM  less  than  five  nor  imrrr  thtin  rtniiiwi  mi 

nine  directors,  who  of  their  number  I 


296 


MINING    AND    MANUFACTURING    COMPANIES. 


president  and  directors  shall  have  power  to  make  by-laws  for  the 
management  of  the  company;  to  alter  and  amend  the  same;  to 
appoint  agents  and  olerkai  and  discharge  the  »ame  at  pleasure,  in 
all  general  or  annual  meetings  of  the  company,  each  stockholder 

shall  have  M  many  votes  as  he  has  shares. 

romineu.   •    at        ."».    This  act  shall  he  in  force  from  it-  pat 


l  :i'iy 

ratrd 


Caj.it  al  stock 


Chap.  219. — An  ACT  i"  incorporate  the  Springfield  and  Deep  Ron  Coal 
Mining  and  Manufacturing  Company. 

Pun  !  February  IS,  1861. 

1.  licit  enacted  by  the  general  assembly  of  Virginia,  that  Meredith 
Bowland,  Mark  Downey,  Benjamin  Loder,  George  \Y.  Smith  and  1'. 
P.  Dickenson,  and  such  other  persons  as  may  be  hereafter  associated 
with  them,  be  and  they  are  hereby  created  and  incorporated  and 

made  a  body  politic  and  corporate,  under  the  name  and  style  of  The 

Springfield  and  Deep  Ron  Coal  Mining  and  Manufacturing  Company 

of  the  County  of  Henrico;  for  the  purpose  of  mining  for  coal,  iron 
and  other  ores,  and  manufacturing  the  same,  and  transporting  the 
same  to  market  fr  on  the  said  county  of  Henrico;  and  they  are  hereby 
invested  with  all  the  rights  and  privileges  and  powers  conferred  on 
such  bodies  politic  and  corporate  by  the  fifty-seventh  chapter  of  the 
Code  of  Virginia. 

2.  Be  it  further  enacted,  that  the  capital  stock  of  said  company 
shall  not  he  less  than  one  hundred  thousand  dollars  nor  more  than 
one  million  of  dollars,  to  he  divided  into  shares  of  one  hundred  dol- 
lars each;  and  the  said  company  shall  have  authority  to  purchase 
and  hold  lands  not  exceeding  three  thousand  acres  at  any  one  time 
in  the  county  of  Henrico,  and  may  sell  and  convey  the  same,  or  lease 
or  encumber  the  same. 


Powers  of 
ompany 

Right  to  build 
saw  ml 

Rail  roadi 


:{.  Be  it  further  enacted,  that  the  said  company  shall  have  authority 
to  clear  all  timber  from  their  lands,  and  transport  the  same  to  market; 
to  liuihl  saw  mills,  boats,  barges,  steamers  and  sail  vessels,  and  use 
the  same  in  connection  with  their  mining  business,  and  the  trans- 
portation of  coal  and  other  minerals  and  materials  to  market;  to 
construct  a  tram  or  rail  road  with  the  accessary  ears  and  engines  for 
the  same  upon  their  lands,  and  from  thence  to  the  city  of  Richmond, 
or  any  other  port  within  the  state  of  Virginia,  or  to  connect  their 
said  rail  road  with  any  other  rail  road  or  canal  in  the  state  of  Virginia, 
first  having  obtained  the  consent  of  the  proper  authorities  of  said  rail 
road  or  canal  to  make  the  said  connection,  for  the  purpose  of  such 
General  powers  transportation,  and  for  the  use  of  the  said  company;  and  in  general 
to  do  and  perform  all  acts  and  business  of  the  company  aforesaid, 


MINING   AND    MANURACTUBING    COMPANIES.  297 

which  as  an  incorporated  company  hy  tho  laws  of  tliis  state  they  may 
do  and  perform;  and 'that  the  said  company  shall  have  five  yean 
from  and  after  the  passage  of  this  act  to  organize  under  its  provisions. 

4.   This  act  shall  he  in  force  from  its  passage,  and  shall  he  sahjeol  <  nninicncoinent 
to  amendment,  alteration  or  modification,  at  the  pleasure  <>!  the  gene- 
ral assembly. 


Cum1.  220. — An    L(    I    incorporating  the  (Vilcrainc  Mining  and  Manufac- 
turing ( 'oiiijinny. 

Paused  March  20,  1861. 

■  nil  ted  by  the  general  assembly  as  follows: 

1.  That   Thomas  L.  Broun,  Abraham  I5iningcr,  David  Wagstaff  Company 
and  .1.  Eugene  Hamlin,  and  such  other  persons  as  may  hereafter  he  ""rl^l",r•','' 

Lated  with  them,  shall  be  and  they  are  hereby  made  a  body 
politic  and  corporate,  by  the  name  of  The  Coleraine  Company;  for 
the  purpose  of  mining  and  shipping  coal  and  other  minerals,  and 
manufacturing  and  sending  to  market  the  mineral,  vegetable  and 
uiln  r  substances,  products  of  their  lands:  and  as  such,  shall  be  en- 
titled to  all  the  rights,  powers  and  privileges,  and  be  subject  to  all 
the  restrictions  and  regulations  in  relation  to  mining  and  manufac- 
turing companies,  contained  iu  the  Code  of  Virginia  of  eighteen 
hundred  and  forty-nine,  and  any  laws  amendatory  thereof,  excepting 
where  the  same  may  be  inconsi.-tent  with  this  act. 

2.  The  said  company  shall  have  the  power  to  purchase  and   bold  Powers  of 
lands  in  the  counties  of  Boone  and  Kanawha,  or  in  any  new  county  '"mr'any 

mties  hereafter  created  out  of  the  same,  not  exceeding  alto- 
gether ten   thousand    SOTS!   at    any  one   lime;    and   they  shall    1; 

sell,  mortgage  and  dispose  of  the  same,  or  any  part 
thereof,  when  deemed  necessary  for  the  purposes  of  die  company; 
and  it  shall  be  lawful  for  the  said  company  to  construct  upon  their  h 

own    lands   Such  rail   roads   as   may  be   DOQOSSary,  and    to  own   Ittofa 
boat-,  barges  ami  flal  boat-  a-  may  lie  required  for 
,  larket  the  product!  of  their  mines  and  factories. 

n  at  the  i  I  be  two  hundred  ■ 

and  tilty  thousand  dollar  id<  d  into  shares  of  such  fllffijinili 

natioi  ■  dicnt.  not  how    *  -han 

twenty-five  dollars  each:  ami  when  the  mo  of  fifty  thousand  doUan  ■ 
-hall  besubsoribed  on  the  books,  and  actually  paid  in.  or  prnp< 
paid,  the  company  rations.      1 

lent  ami  board  of  direct. .r-  may  from  time  to  time  offer  fot 
or  subscription  snob  remaining  portion  of  the  capital  hall 

not  have  been  pn 


298 


MINING    AND    MANUFACTURING    COMPANIES. 


II "\\  book* 


What  mriv  be 
i  in  pay 

llli  lit  «.f    Ull)- 

uriiitions 


I 

When  and 
when  general 
meeting  to 
bo  held 

President  and 
directors 


they  may  deem  advisable.     Bui  do  certificate  of  stock  shall  be  issued 

until  tin-  same  is  fully  paid  f«>r.  according  t<>  tin-  terms  of  subscription. 

4.  Any  three  of  the  corporators  named  in  this  acl  shall  he  autho- 
rized to  open  hooks  of  subscription  in  the  city  of  N'W  York  ami  in 
the  town  of  Charleston.  Kanawha  county.  Virginia;  ami  said  books 
of  subscription  shall  continue  open  bo  long  as  the  said  commissioners 
may  elect :  due  notice  to  he  given  for  two  weeks  in  one  or  more 
newspapers  published  in  the  city  of  New  York  ami  in  Kanawha 
county.  Ami  the  said  commissioners  shall  have  power  t"  fix  and 
regulate  the  terms  and  manner  in  which  the  payments  to  said  siih- 
BOliption   shall  he  made.     The  presidenl    and  board  of  directors  are 

hereby  authorized  to  receive  in  payments  for  subscriptions  to  the 

stock  of  this  company,  such  lands,  buildings  and  other  property  as 
the}'  or  a  majority  of  tliein  may  deem  necessary  for  the  purposes  of 
the  company:  and  such  lands  and  other  property  shall  he  converted 
into  and  become  part  of  the  stock  of  said  company,  at  the  value 
eed  upon  when  the  same  shall  he  thus  taken  and  received. 

5.  When  the  sum  of  fifty  thousand  dollars  shall  have  been  suh- 
scrihed  and  paid  for,  or  secured  according  to  the  terms  of  subscrip- 
tion, the  said  commissioners  shall  designate  the  time  and  place  for 
the  meeting  of  the  said  subscribers;  at  which  meeting  the  said  sub- 
scribers,  represented  in  person  or  by  proxy,  shall  elect  a  president 
and  four  directors,  to  constitute  a  hoard  for  the  management  of  the 
company's  affairs,  to  continue  in  office  for  one  year,  or  until  their 
successors  are  elected  ami  qualified.  The  board  of  directors  shall 
form  a  code  of  by-laws  for  the  government  of  the  affairs  of  the  com- 
pany, and  alter  and  amend  the  same  in  such  manner  as  therein  pro- 
vided. The  president  and  two  directors,  or  any  three  directors,  in 
the  absence  of  the  president,  shall  constitute  a  quorum  for  the  trans- 
action of  business.  There  shall  he  an  annual  election  of  president 
and  directors  at  such  time  and  place  as  the  by-laws  of  said  company 
may  ordain. 


Annual  meet- 
ing! 


G.  An  animal  meeting  of  the  stockholders  of  the  company  shall 
be  held  in  Kanawha  county  or  Boone  county  on  the  second  .Monday 
of  June  of  each  and  every  year;  at  which  time  the  president  and 

hoard  of  directors  shall  make  a  full  report  of  the  affairs  of  the  com- 
pany. Special  meetings  of  stockholders,  to  he  held  in  the  state  of 
Virginia,  may  he  called  by  the  hoard  of  directors.  At  all  elections 
and  all  meetings  of  stockholders,  each  share  shall  entitle  the  holder 
thereof  to  one  vote,  either  in  person  or  by  proxy. 


Office  In  New 
York 


7.  The  company  may  have  an  office  in  the  city  of  New  York  as 
well  as  in  Boone  and  Kanawha  counties,  and  may  hold  meetings  of 
directors,  and  keep  transfer  hooks  and  other  hooks  at  any  of  said 
places,  as  decided  by  their  by-laws.    Agencies  for  the  sale  of  the 


4 
MINING  AND   MANUFACTURING    COMPANIES.  290 

products  of  the  company  may  be  established  at  snob  points  as  the 

hoard  of  directors  or  the  by-laws  may  determine. 

8.    This  act  shall  he  in  force  from  its  passage,  and  shall  be  subject  Commanoemaal 
to  any  amendment,  alteration  or  modification,  at  the  pleasure  of  the 
general  assembly. 


Chap.  221. — An  ACT  incorporating  the  Maryland  and  Virginia  Coal  Oil 
Company  in  the  Comity  of  Taylor. 

I  0  March  5,  1861. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Thomas  Company 

.  ....         incorporated 

1).  Sargent  and  au\-  person  or  persons  he  may  associate  with  him, 
shall  be  and  are  hereby  incorporated  and  made  a  body  politic  and 
corporate,  by  the  name  of  The  Maryland  and  Virginia  Coal  oil  Com- 
pany :  for  the  purpose  of  mining  for  coal,  manufacturing  oil,  iron  and 
Other  minerals,  metals  and  lumber;  and  tiny  are  hereby  invested 
with  the  rights,  powers  and  privileges,  and  subject  to  all  the  rules. 
lations  and  restrictions  provided  and  prescribed  in  the  Code  of 
Virginia,  and  any  laws  amendatory  thereof,  so  far  as  the  same  are 
applicable  to  and  not  inconsistent  with  the  powers  and  rights  herein 
granted. 

2.  The  capital  stock  of  said  company  shall  not  be  less  than  fifty  Capital  stock 
thousand  dollars  nor  more  than  one  million  of  dollars,  to  be  divided 

into  shares  of  one  hundred  dollars  each:  and  the  said  Sargent  and  Booka  of  tab 

those  associated  with  mm  may  open  hooks  of  subscription  to  the 
capital  stock  at  such  time  and  place  Ot  places  as  they  shall  deem  ex- 
pedient ;  mid  they  are  hereby  authorised  to  receive  subscriptions  in 
land  and  personal  property,  at  such  value  a-  may  be  agreed  upon,  and 
to  fix  and  direct  the  amount  to  be  paid  by  each  subscriber  for  sto<  b 
at  the  time  of  making  his  subscription.  In  all  general  meetings  of 
the  stockholders  of  said  company,  each  ftockholder  shall  bav< 

many  \otc-  U  he  has  -li;in  I. 

.''..    The  Stockholders  may  elect   Dot   lets  than   five  nor  more   than  rroeioVnt  and 
nine  directors,  who  of  their  number  may  elect  their  president.     The 
dent  and  d  ball  have  power  to  make  by-laws  for  the 

ent  of  the  company ;  to  alter  and  amend  th<  to  ap- 

ita  and  clerks,  and  discbarge  the  same  at  pl<  dot- 

row  money,  m  ■<  am   one  time  en,   hundred  thousand 

dollars,  by  the  issue  of  coupon  <>r  other  bond-,  notes  or  bib-  ol 
Change  :  and  ,1  01   per- 

ry of  the  com] 

•1.     !  .isc.  hold,  Sell  Baal  tatata 

and  convey  lands  in  th<  county  of 

. 


MINING    AND    MANUFA<  TURING    COMTANIES. 


K;ui  roadf  •">■   It  shall  be  lawful  for  said  company  to  construct  rail  roads,  or 

other  roads,  strictly  for  the  purposes  of  th<'  company,  from  any  point 
or  points  on  their  own  lands  to  any  rail  road  or  Other  work  or  im- 
provement heretofore  constructed  or  hereafter  to  be  constructed  in 
tin  county  of  Taylor  or  the  adjoining  counties,  with  the  consent  of 
such  rail  road  or  improvement  company,  and  shall  have  power  bo 
construe!  sdeh  road  or  roads  upon  the  lands  of  persons  other  than 
those  of  said  company,  with  the  consent  of  the  owner  or  owners  of 
such  land.-,  or  hv  contract  with  such  owner  or  owners. 


How  stock 

traii-fVrri-d 


6.   The  Btockof  the  company  shall  be  transferred  under  such  reg»> 
lations  and  restrictions  as  the  president  and  directors  may  establish 

from  time  to  time. 


Commencement       7.    This  act  shall  be  in  force  from  the  time  of  its  passage,  and  shall 
subject  to  amendment,  modification  or  alteration,  at  the.  pleasure 
of  the  general  assembly. 


Company 
meorpontfed 


Chap.  222. — An  ACT  to  incorporate  the  Laurel  Valley  Coal  and  Oil  Com- 
pany in  the  Count  v  of  Mason. 

Paand  March  15,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  A.  L.  Knight, 
George  II.  Patriok,  W.  W.  Newman,  Thomas  Bale,  and  such  other 
persons  as  may  hereafter  he  associated  with  them,  shall  he  and  they 

are  hereby  made  a  body   politic  and   corporate,  under  the  name  and 

style'  of  The  Laurel  Valley  Coal  ami  oil  Company  of  the  County  of 
Mason  :  for  the  purpose  of  mining  for  coal,  manufacturing  or  boring 

for  oil,  iron  and  other  minerals  and  lumber;  and  they  are  hereby 
invested  with  all  tin  rights  and  privileges  conferred,  and  made  sub- 
ject to  all  the  nihs,  regulations  ami  restrictions  imposed  by  the  Code 
of  Virginia,  and  any  laws  amendatory  thereof,  so  far  as  the  same 
may  he  applicable  to.  and  not  inconsistent  with  the  powers  and  rights 
herein  granted. 


.1  Htock 


l..  ... 


il.  'I'he  capital  stock  of  said  company  shall  not  he  less  than  thirty 
thousand  dollars  nor  more  than  live  hundred  thousand  dollars,  to  be 
divided  into  shares  of  one  hundred  dollars  each \  and  the  said  com- 
pany may  purchase  and  hold  lands  in  the  county  of  Mason,  not  ex- 
ceeding four  thousand  acres. 


Rail  roads  •••    The  said  company  may  construct  on  their  lands  one  or  more 

rail  road  or  rail  roads  for  the  purpose  of  transporting  its  products  to 
market  :  provided,  that  they  shall  not  have  power  to  construct  such 
road  or  roads  through   the  lands  of  any  person  without  his  consent  : 


MINING    AND    MANUFACTURING    COMPANIES.  301 

and  provided  further,  that  they  shall  not  be  entitled  to  charge  freight 
or  passage  money  for  the  transportation  of  tonnage  or  passengers. 

4.    This  act  shall  be  in  force  from  its  passage,  and  shall  be  snbjeot Oomtnenceawnt 
to  alteration,  modification  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


('mm'.  2213. — An  ACT  to  incorporate  the  Virginia  Mineral  oil  and  Coal 
Company  In  the  County  of  Mason. 

rcb  12,  IB6L 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  R.  C.  Company 

°  incorporated 

M.  Lovell,  W.  C.  Starr,  C  W.  Moredock,  and  such  other  persons  as 
may  be  hereafter  associated  with  them,  and  their  successors,  are 
hereby  created  a  body  politic  and  corporate,  under  the  name  and  style 
of  The  Virginia  Mineral  nil  and  Coal  Company;  and  by  that  name, 
shall  have  perpetual  succession;  and  may  contract  and  he  contract*  d 
with;  sue  and  be  sued,  plead  and  he  impleaded  in  all  courts  and 
places;  have  a  common  seal,  and  .alter  the  same  at  pleasure;  may 
make  all  m  cessary  by-laws  and  regulations  for  the  government  of 
the  company,  not  inconsistent  with  the  constitution  and  laws  of  the 
state  of  Virginia. 

2.  That  said  company  shall  have  power  and  authority  to  appoint  one  ro«rr°  1 1 
or  nmre  of  its  members,  or  other  person  or  persons,  to  manage,  control 

and  direct  the  business  of  said  company,  according  to  the  hy-laws, 
rule-  and  regulations  which  may  from  time  to  time  he  adopted  by  said 
company  fur  jt>  government  and  the  transaction  of  its  business;  and 
shall  have  all  the  rights  and  privileges  conferred,  and  he  subject  to 
all  the  restrictions,  rules  and  regulations  prescribed  by  the  Gfty-sizth 
and  fifty-seventh  chapters  of  the  Code  of  Virginia,  and  the  1 
amendatory  thereof,  not  inconsistent  with  the  provisii 

le  reof. 

3.  The  capita]  stock  of  said  company  shall  he  not  less  than  two  Capita 
hundred  thousand  dollar*  nor  more  than  one  million  <.f  dollars,  i"  be 

divided  in'  f  one  thousand  dollar-'  each  ;   wbi<  I 

•Cribed    Hid   paid  for  in   such   manner  as  may  he 

ir  bj  -la?  rred   in 

such  manie  its  ly-hrvs  may  <! 

1.   That  shall  have  power  to  hold  nob  real  estate  B*ai««ata 

in  the  < 

purchase  or  otl  u.  d 

by  them  i  proper  for 

refin  ■  el  shippii  the  minu 


HIKING    AND    MAMTu  rURINQ    COMPANIES. 

RaiiroacU  porting  and  vending  of  said  ooal,  with  the  privilege  of  erecting  all 
buildings,  and  constructing  all  roads,  rail  roads  and  other  means  of 
transportation,  upon  their  own  lands,  and  Bach  adjoining  lands  as 
they  may  obtain  the  privilege  of. 

Time  to  p.rf.  rt  5.  Tin-  said  coin  pany  shall  have  five  }  cars  to  perfect  tli'  ir  organi- 
zation. 

Commencement        <».    This  ait  shall  be  in  force  from  its  passage,  and  shall  be  subject 

to  anv  alterations,  modifications  or  amendments,  at  the  pleasure  of 
the  genera]  assembly. 


Art  of  IPfiO 
aiw-nri'-d 


' 


Real  • 


Chap.  884. — An  ACT  to  amend  an  act  entitled  an  act  to  incorporate  the 
Ma-. .n  City  Wining  and  Manufacturing  Company  in  the  County  of  Ma- 
son, passed  February  22d,  I860. 

Paned  March  LS,  1861. 

1.  Be  it  enacted  by  the  genera]  assembly,  that  in  the  first  Bection 
of  the  act  passed  February  twenty-second,  eighteen  hundred  and 
sixtv.  entitled  an  act  to  incorporate  the  Mason  city  mining  and  manu- 
facturing company  in  the  count}  of  Mason,  the  names  of  James  II. 
Payne  and  EL  C.  M.  Lovell  be  Btrioken  therefrom,  and  the  names  of 
Blisha  .Mack  and  Samuel  Congdon  be  inserted  therefor;  and  the 

name  and  style  of  said  company  shall  lie  changed  to  that  of  IfasOD 

(  Sty  t  loal  Company. 

2.  Be  it  further  enacted,  that  the  maximum  of  said  capital  stock 
Bhall  be  Changed  so  as  tO  read  OOt  more  than  six  hundred  thousand, 
to  be  divided   into  shares  of  twenty-live  dollars  each;   and   the  said 

company  shall  have  the  righl  to  purchase  and  hold  lands  not  exceed- 
ing lour  thousand  acres  at  an]  one  time  in  said  county,  or  more  than 
one  thousand  acres  in  any  other  county  or  state. 


Oommeneement       3.    This  act  shall  be  in  force  from  its  pa 


Company 
incorporated 


Chap.  285. — An  ACT  to  incorporate  the  Ambler  Oil  and  Coal  Company. 
Paued  January  31,  L861 

1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Edward 

('.  Marshall,  .lames  K .  Marshall,  .lames  F.  .(ones,  James  (',.  J'axton 
and  Raleigh  Colston,  and  their  successors,  arc  hereby  created  a  body 
politic  and  corporate,  under  the  name  and  style  of  The  Ambler  Oil 


MINING   AND    MANUFACTURING    COMPANIES.  303 

and  Coal  Company;  and  by  that  Dame,  shall  have  perpetual  sua  i 
sion :  m;i\  contract  and  be  contracted  with;  Bue  and  be  sued,  plead 
and  be  impleaded  in  all  courts  and  places;  have  a  common  seal,  and 
alter  the  same  at  pleasure;  may  make  all  necessary  by-laws  and 
regulations  for  the  government  of  said  company,  not  inconsistent 
with  the  constitution  and  laws  of  the  state  of  Virginia  <>r  of  the 
United  States,  except  as  herein  after  provided. 

'J.   That  said  company  shall  have  power  and  authority  to  appoint  Power  to 

•  appoint  agents 

one  or  more  of  its  members  or  other  person  or  persons  to  manage, 
control  and  dinct  the  basinets  of  said  company  according  #t<>  the 
by-laws,  rules  and  regulations  which  may  from  time  to  time  be 
adopted  by  Baid  company  for  its  government  and  the  transaction  of 
its  business,  and  shall  have  all  the  rights  and  privileges  conferred, 
and  be  subject  to  all  the  restriction.-,  rules  and  regulations  prescribed 

by  the  fifty-sixth  and  fifty-seventh  chapters  of  the  Code  of  Virginia, 
except  the  thirty-fifth  section  of  chapter  iifty-seven,  and  the  laws 
amendatory  thereof,  ^o  far  as  not  inconsistent  with  the  provisions 
hereof. 

■'!.  The  Capital  Stock  Of  Said  company  shall  lie  two  hundred  and  Capital  stock 
fifty  thousand  dollars,  with  power  to  increase  it  seven  hundred  and 
fitly  thousand  dollars,  to  he  divided  into  shares  of  one  hundred  dol- 
lar- each  ;  which  may  he  subscribed  and  paid  for  in  such  manner  as 
may  be  pr<  scribed  by  said  company  in  their  by-laws;  and  said  shares 
may  be  transferred  in  such  manner  as  the  said  company  by  its  by- 
laws may  direct. 

1.    Said  company  shall  have  power  tO  purchase  and  hold  such  real  Roalehtate 
nnty  of  Kanawha,  not   exceeding  five  thousand  acn  - 
in  quantity,  and  such  personal  property  as  they  may  deem  necessary 
and  proper  for  carrying  on  the  mining  of  coal  and  transporting  the 

:.  and  for  the  manufacture  'if  oil.  iron  nr  other  mine- 
ral.-, the  product!  of  -ueh  r«al  estate.     Baid  company  shall   have  Power  of 

1  transport   to   market  coal,  iron  nr  other  minerals,"'™11 

the  products  of  their  laud-:  to  manufacture  oil,  iron  or  other  mine- 
to  manufacture  lumber;  and  shall  have  power  to  sell 
and  oonvej  their  r>  it  their  pl<  .ml  to  the  pnrpo 

aforesaid  1 1 » « -  business  of  laid  company  shall  be  confined. 

r>.  hereby  authorised  to  ooi  i:an  roadi 

rail  n  point  on  their 

to  the  k  river;  but  the  said  company  shall 

have  the  right  to  oonstruot  ■  rail  mad  through,  the  lands  of  ot 

without  their  consent. 

6.    i  ■  fleet  from  its  passa 

bly. 


304 


MINING    AM)    MANUFACTURING    COMPANIES. 


Act. 

aiii'i 


Chap.  296. — An    \<  1  tion  of  an  act  entitled  an  art  to 

incorporate  tin-  Springfield   and  Deep  Run   Coal  Mining  ami  Manufac- 
turing Company,  passed  th<   12th  ol  February  18 

'  M;.rrh  16,  18G1. 

l.  Be  it  enacted  l>y  the  general  assembly,  thai  the  first  section  of 
tin- act  entitled  an  art  to  Incorporate  the  Springfield  and  Deep  ran 
coal  mining  and  manufacturing  oompany,  passed  the  twelfth  day  <>f 

February  eighteen  hundred  and  sixty-one,  be  amended  and  re-enacted 

SO  H  to  read  as  follows  : 


Company 
iccorj 


"§  l.  Be  it  enacted  by  the  general  assembly* of  Virginia,  that 
Meredith  llowland,  Mark  Downey,  Benjamin  Loder,  George  W". 
Smith  and  P.  P.  Dickenson,  and  such  other  persona  as  may  be  here- 
after associated  with  them,  be  and  they  are  hereby  created  and 
incorporated  and  made  a  body  politic  and  corporate,  under  the  name 
and  style  of  The  Springfield  and  Peep  Run  Coal  Mining  and  Manu- 
facturing Company  of  the  County  of  Henrico?  for  the  purpose  of 

mining  for  COal,  iron  and  ether  ores,  and  manufacturing  the  same, 
and  transporting  the  same  to  market  from  the  said  county  of  Henrico; 

and  they  are  hereby  invested  with  all  the  rights  and  privileges  and 
powers  conferred  on  such  bodies  politic  and  corporate  by  the  fifty- 
sixth  and  fifty-seventh  chapters  of  the  Code  of  Virginia,  and  all 
general  laws  of  the  commonwealth  relating  to  incorporated  com- 
panies, now  in  force." 


Commencement       2.    This  act  shall  1)0  in  force  from  its  passage. 


Chap.  227. — An  ACT  to  incorporate  the  Payette  Oil  and  Coal  Company. 

January  31, 1801. 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Jacob 
incorporated      yn\\,.v.  James  G.  Paxton,  William  McLaughlin,  Jamee  R.  Jordan 

and  John  D.  Sterret .  and  their  successors,  are  hereby  created  a  body 
politic  and  corporate,  under  the  name  and  style  id'  The  Fayette  Oil 
and  Coal  Company;  and  by  thai  name,  shall  have  perpetual  succes- 
sion; may  contract  ami  be  contracted  with:  sue  and  be  BUed,  plead 
and  be  impleaded  in  all  courts  and  places;  have  a  common  seal,  and 
alter   the   same   at    pleasure;   may  make   all   necessary    by-laws   and 

regulations  for  the  government  of  said  company,  not  inconsistent  with 

the  constitution  and  laws  of  the  slate  of  Virginia  or  id'  the  United 
States,  except  as  herein  after  provided. 


I 
company 


2.   That  said  company  shall  have  power  and  authority  to  appoint 
one  or  more  of  its  members  or  other  person  or  persons  to  manage, 


MINING    AND    MANUFACTURING    COMPANIES.  303 

control  and  direct  the  business  of  paid  company,  according  to  tlio 
by-laws,  rules  and  regulations  which  may  from  time  to  time  be 
adopted  by  said  company  for  its  government  and  the  transaction  of 
its  business ;  and  shall  have  all  the  rights  and  privileges  conferred, 
and  he  subject  to  all  the  restrictions,  rules  and  regulations  prescribed 
by  the  fifty-sixth  and  fifty-seventh  chapters  of  the  Cede  of  Virginia, 
except  the  thirty-fifth  section  of  chapter  fifty-seven,  and  the  laws 
amendatory  tin  reef,  so  far  as  not  inconsistent  with  the  provisions 
hereof. 

•'?.  The  capital  stock  of  said  company  shall  be  two  hundred  and  Capital «  I 
fifty  thousand  dollars,  with  power  to  increase  it  five  hundred  thou- 
sand dollars  more,  to  lie  divided  into  shares  of  One  hundred  dollars 
each;  which  may  he  subscribed  and  paid  tor  ill  such  manner  as  may 
he  prescribed  by  said  company  in  their  by-laws;  and  said  shares  may 
be  transferred  in  such  manner  as  the  said  company  by  its  hydaws 
maj-  direct 

4.    Said  company  shall  have  power  to  purchase  and  hold  such  real  uCal  estate 
i  unties  of  Fayette  and  Kanawha,  or  either  of  them, 
not  (  tceeding  five  thousand  acres  in  quantity,  and  such  personal  pro- 
perty as  they  may  deem  necessary  and  proper  for  carrying  on  the 
mining  of  coal,  and  transporting  the  same  to  market,  and  for  the 
manufacture  of  oil.  iron  and  other  minerals,  the  product  of  such  real 
estate,     gaid  company  shall  have  power  to  mini"  and  transport  to<-.. 
market  coal,  iron  and  other  minerals,  the  products  of  their  lands;   to  powe" 
manufacture  oil.   iron  or  other  minerals,   and   also  to  manufacture 
lumber;   and  shall   have  power  to  m  11  and  convey  their  real  e  tate  at 

their  pleasure:  and  to  the  purposes  aforesaid  the  business  of  said 

company  shall  be  confined. 

Said  company  i<  hereby  authorised  to  construct  one  or  more  s^t  r,    . 
rail  roads,  not  exceeding  five  miles  in  length,  from  any  point  on  their 
said  1  nawba  ri\er;  and  t<>  enable  the  said  company  to 

out    the   provisions   in  til  E  h<  H  by 

bed  with  all  the  rights,  privileges  and  powers,  and  subjected  to 
«ll  the  limitatio  •  ontained  in  the  Code  of  Virginia, 

and  the  act-  amendatory  thereof,  in  relation  to  rail  road  oompai 
ho  far  as  the  same  are  applicable  to  and  nut  inconsistent  with  the 
of  this  act:    provided  the  said  company  shall  not   ; 

i   to  invadi  ,  \  the  land-  ol  oth<  i 

then-  without  til  "1  the  owners  of  %\ 

1  shall  be  MDJeOl  Ctmncsceowt 
to  alt.  e  of  the  gent  ral 

Mv. 

20 


306 


MINING    AND  ICTURING    COMPAI 


' 


Chap.  228. — An  ACT  for  the  in  dngandManu- 

1.  Be  it  enacted  by  the  general  assembly,  thai  Ethelbert  J.  Hud- 
son, William  D.  Pate,  Madison  Price,  .Faun  >  W.  McSh(  fry  and  .Jo- 
seph II.  Barker,  and  Bnch  other  persona  as  may  hereafter  be  asso- 
ciated with  them,  be  and  they  are  hereby  incorporated  and  made  a 
body  politic,  under  the  name  and  > i \  1  < *  of  The  Home  Mining  and 
Manufacturing  Company ;  and  by  that  name,  may  su<  Bued, 

and  shall  have  perp<  tual  succession  and  a  common 


P  :«  of 

company 


r 
property 


2.  Be  it  further  enacted,  thai  for  the  purpose  of  mining  coal, 
and  other  mint  rals,  boring  fur  oil,  and  manufacturing  salt  and  other 
minerals,  it  shall  be  lawful  for  the  said  Home  mining  and  manufac- 
turing company  to  hold,  by  lease  or  in  fee  simple,  lands  in  the  coun- 
ties of  Boone  and  Kanawha,  not  exceeding  in  the  aggregate  six  thou- 
sand acres;  and  may  convey  the  same  by  way  of  lease,  mortgage,  or 
by  deed  in  fee  simple.  The  said  company  may  acquire  and  hold  per- 
sonal properly,  and  may  dispose  of  the  same  by  assignment  in  trust 
to  secure  payment  of  the  debts  of  the  company,  or  absolutely. 


•  tock  3.    The  capital  stock  of  the  said  company  shall  not  be  less  than 

thirty-live  thousand  dollars  nor  more  than   two   hundred   and   fifty 
thousand  dollars,  to  be  divided  into  shares  of  fifty  dollars  each. 


■  to 
exihtiug  luwa 


•J.  The  said  company  Bhall  be  Bubject  to  all  the  laws,  rales  and  re- 
gulations imposed,  and  entitled  to  all  benefits  conferred  by  the  lifiy- 
sixth  and  fifty-seventh  chapters  of  the  Code  of  Virginia,  and  all  laws 
amendatory  thereof. 

Commencement       5.    This  act  shall  be  in  lone  from  its  pas- age. 


Compi 
incorporated 


CHAP.  829. — An  ACT  to  incorporate  the  Marion  Magnetic  Iron  Company 
Passed  February  27,  L861. 

1.  Be  it  enacted  by  the  general  assembly,  that  Abijah  Thomas,  W. 
P.  Hurst,  W.  A.  . bines  and  Legrand  Jeston,  and  such  other  persons 
a-  may  lie  hereafter  associated  with  them,  shall  be  and  they  are 
hereby  made  a  body  politic  and  corporate,  under  the  name  and  style 
of  The  .Marion  Magnetic  Iron  Company;  for  the  purpose  of  mining 
and  manufacturing  coal,  iron  and  other  minerals  in  the  county  of 
Smyth:  and  they  are  hereby  invested  with  all  the  rights  and  privi- 
leges conferred,  and  made  subject  to  all  the  rules,  regulations  and 
restrictions  imposed  by  the  Code  of  Virginia,  and  laws  amendatory 


MINING    AND    MANUFACTURING    COMPANTJ  007 

thereof,  so  far  as  the  Batne  arc  applicable  to,  and  not  inconsistent 
with  the  powers  and  rights  herein  granted. 

2.  That  the  capital  Btoci  of  said  company  shall  not  be  less  than  Capital  stock 
ten  thousand  dollars  nor  more  than  two  hundred  thousand  dollars,  to 

be  divided  into  shares  of  one  hundred  dollars  cadi:  and  the  said 
company  shall  have  the  right  to  purchase  and  hold  land 
ing  twenty  thousand  acres  at  any  one  tii 

3.  That  the  said  company  shall  have  power  ai 

point  one  or  mere  of  i:s  members  or  other  person  or  persons  to  ma- ' 
nage,  control  and  direct  the  business  of  said  company,  according  to 
the  by-laws,  rules  and  regulations  which  may  from  time  to  time  be 
adopted  by  said  company  for  its  government  and  the  transaction  of 
i  fa  busin  ( 

■1.  The  said  company  may  construct  upon  its  own  lands  such  rail  !' 
1  reads  as  may  he  necessary  to  transport  to  market  the 
products  of  its  mines  and  manufactures:  provided  the  said  company 
shall  not  have  the  power  to  construct  such  road  or  roads  through  thi 
land  of  any  person  without  his  consent:  and  provided  farther,  that 
said  company  Bhall  not  bi  entitled  to  chat  mey 

on  the  transportation  of  tonnage  or  passengi 

5.    This  act  shall  lie  in  force  from  its  passage,  and  Bhall  he  Subject  <  ■ 

to  amendment,  alteration  or  modification,  at  the  pleasure  of  i 
ral  assembly. 


—An  ACT  i  •  ini  orpi     I    the  Ca  :•<:!  Mining  and  Manufacta- 
'        pany. 

v       I   '. ;  rfl  S 

I.    Beit  <  n    U  &  by  the  general  assembly  of  Virginia,  thai  Jol  i 
Hopkins,  J.  Hanson  Thomas,  William  I 

I:.  Will  on.  and  such  other  ]  with  them  or  in  their 

tockholdi  ,-ind 

and  they  are  |  |y  politic, 

by  the  name  and  s t •>  1  <    of  t  ring 

1        tany  :  for  the  purpose  of  mil  i 
other  niiu 

1  defend 

in  aii 

1 

amend  I  at 


30S 


MINING    AND    MANUFACTURING    COMPANIES. 


■ 


pleasure  change  or  renew  ■  common  seal  i  and  generally  may  do  any 
actor  thing  necessary  to  carry  into  effect  the  provisions  of  tliis  net, 
and  to  promote  the  design  of  the  corporation;  and  said  company 
shall  be  entitled  to  all  the  rights  and  privileges  conferred,  and  made 
subject  t<>  all  the  rules,  regulations  and  restrictions  imposed  by  the 
Code  of  Virginia,  and  laws  amendatory  thereof,  in  relation  to  mining 
and  manufacturing  companies,  except  where  in  with  the 

provisions  of  this  act. 

•.'.  And  1m-  it  enacted,  that  said  corporation  he  and  i a  hereby  em- 
powered to  procure,  by  mining  therefor,  or  otherwise,  oopptr  and 
Other  metallic  ores,  and  to  smelt  and  prepare  the  same  for  manufac- 
ture: and  to  manufacture  the  products  of  said  copper  and  other 
ores:  and  to  vend  said  ores  and  products  and  manufactures  at  any 
place  or  places,  or  transport  and  export  the  same  for  sale  or  other- 
wise, and  to  have  and  hold,  and  improve  for  the  purposes  aforesaid  of 
the  corporation,  and  to  acquire,  and  to  sell  and  dispose  of  any  real 
■  in  said  counties,  not  exceeding  in  all  twenty  thousand  acres, 
or  persona]  property  from  time  to  time,  as  may  be  judged  expedient. 
The  powers  hereby  granted  to  the  company  shall  be  construed  to  ex- 
tend to  any  operations  and  transactions,  whether  the  same  he  under- 
taken and  carried  on  in  any  part  of  the  state  of  Virginia  or  in  any 
other  state. 


Capital  stock  &    And  be  it  enacted,  that  the  capital  stock  of  said  corporation 

sh,al]  not  exceed  one  million  and  a  half  of  dollars,  to  he  divided  into 
us  of  twenty-five  dollars  each,  and  to  he  subscribed  for  under 
direction  of  the  persons  named  in  this  act;  and  any  person  or  por- 
SWU  may  subscribe  lands  or  mines,  or  mining  rights,  or  privileges  or 
patent  rights,  or  any  other  hind  .if  property,  in  place  of  a  money 
subscription  to  said  stock;  iu  he  received  iii  subscription  as  afoi  I 
at  Bueh  valuation  as  a  majority  of  all  the  subscribers  shall  fix  such 

Subscriptions;  subject  however  to  become  void,  if  satisfactory  letters 
or  conveyances  to  the  corporation  be  not  made  by  such  a  period  as 
said  corporation  may  direct  alter  its  organization,  and  that  said  cor- 
poration may  be  organized  and  go  into  its  operations  aforesaid  on 
having  fifty  thousand  dollars  thus  subscribed  and  paid  to  its  capital 
stock,  including  the  amount  already  paid  in. 


Affuirs  of 
aompa  < 

[I  MM 


1.  And  be  it  enacted,  that  the  affairs  of  the  corporation  shall  bo 
managed  and  al!  its  powers  aforesaid  he  exercised  by  a  president  and 
six  directors,  to  be  chosen  by  the  stockholders  on  a  day  to  be  fixed, 
and  on  notice  given  by  the  persons,  or  a  majority  of  them,  under 
whose  direction  subscriptions  of  stock  shall  be  made  as  aforesaid; 
which  president  and  directors  shall  serve  for  one  year  from  their  said 
election,  or  until  others  shall  be  chosen  ;  the  president  and  directors 
of  the  corporation  being  hereby  empowered  to  pass  by-laws,  fixing 
the   periods  of  elections,  and  to  make  all  regulations  in  regard  to 


MINING   AND    MANUFACTURING   COMPANIES.  309 

them,  and  for  any  omission  to  elect  at  the  period  appointed  ;  and  no 
omission  of  that  kind  to  operate  as  a  dissolution  of  ;  aid  corporation* 

."».    And    be   it    enacted,  tliat    said   president  and   directors,  or  a  Authority  of 
majority  of  them,  may  do  all  acta  necessary  for  the  conducting  of,V 
the  business  and  carrying  out  the  objects  of  the  corporation;  and 
may  appoint  and  employ  any  agents  Or  Other  persons  by  them  deemed 
necessary   for  accomplishing  said  objects;   and   may  declare  annual 
or  semi-annual  dividends  of  profits,  as  ascertained  by  them. 

6.  And  he  it  enacted,  that  this  act  shall  not  be  construed  to  confer 
on  said  corporation  any  banking  powers,  nor  the  right  to  issue  any 
bill  or  note  in  the  form  or  Style  of  a  hank  note. 

7.  The  office  of  the  company  may  he  kept  and  its  general  business  Office.  wh~re 
transacted   at   such  place,  either  within  or  without  the  limits  of  the 

state  of  Virginia,  as  may  from  time  to  time  he  appointed  or  pre- 
scribed  by  the  by-laws,  rules  and  regulations  of  the  company;  and 
any  and  all  meetings,  either  of  the  stockholders  or  of  the  president 
and  directors  of  the  company,  for  the  transaction  of  business  of  any 
kind,  may  be  held  in  like  manner  at  any  place,  either  within  or 
Without  the  limits  of  the  said  state,  which  may  he  so  appointed  <>r 
prescribed  from  time  to  time. 

8.  This  act   shall   he   in   force   from   and  after  its  passage,   and  Common 
■abject  to  any  alteration,  modification  or  repeal,  at  the  pleasure  of 

the  legislature. 


to  incorporate  tl     «  •  k  1, end.  Copper  and  Iron 

D&Cturing  I  D  the  County  of  Tazewell. 

I  Marco  LS 

1.   Be  it  enacted  by  the  general  Asembly,  that  A.  .T.  Nye,  N.  B.  <  mpway 
French.  E.  '■.  Boothe,  H.  W.  Dills,  William  0.  Yost    William  P. 

1  ly  hereafter    1"  ,]    \\  ill,    (hem, 

shall  he  and  are  hereby  incorporated  and  made  a  body   politic,  nmhr 

aame  and  style  of  Tfa    I        Creek  Lead,  Copper  and  [ran  M.v 
nuiaoturiog  Company,  for  the  purpose  of  manufacturing  lead,  iron 
and  copper.    And  they  are   hereby   invested  with  all  the  rights, 
d  privileges  conferred  on  inch  bodies  politic  and  i 

l.y  the  ac  t  <  nt;:  «  the  in- 

i  of  mini  i  d   \>  b- 

n  hundred  and  tl,. 

•look 

hundred  thousand  <! 


310  HIKING    A\H    MANUFA<  COMPA1 

dollars  each,  and  not  more  than  tiro  hundred  and  fifty  thousand  dol- 
i.  Ian;  and  hold  in  fee,  enjoy  and  use  or  let  lands  in  the  county  of 

■  dc  or  more  pan  md  a 

Comi.  ■'!.   This  a<  I  shall  be  in  force  from  its  ; 


Chap.  235?. — A 

,ny  1.    Be  il  mbly  of  Virginia,  that  H.  J. 

^      Samuels,  W.  ('.  Miller,  Albert  Laidley,  W.  c.  Rogers,  J  I.  II.  Miller, 
II.  C.  .  me  Shelton,  and  such  other  persons  as  may  here- 

after be  associated  with  them,  be  and  they  arc  hereby  incorpt 
and  made  a  body  politic  and  corporate,  under  the  name  and  Btyle  of 
'I'lic  Cabell  Petroleum  Company;  for  the  purpose  of  mining,  boring, 
pumping  and  extracting  from  the  earth  carbon  and  rink  oil,  .-alt 
water  and  other  volatile  substances,  in  the  counties  of  Calx  II  Logan 
and  Wayne :  and  they  arc  hereby  invested  with  all  the  rights,  po 
and  privileges  conferred,  and  made  Bubject  to  all  the  rules,  regula- 
te and  restrictions  imposed  by  the  Code  of  Virginia,  in  relation  to 
■!;  compani 

2.   The  -  '  '•■  .  i]    ay    :.  il  di  than 

twenty-five  thousand  dollars  nor  more  than  one  hundred  the 
dollar:,  to  l.c  divid  '  ires  of  one  hundred  dollars  each;  and 

the  said  company  shall  have  pow<  r  to  hold  land  in  the  counties  afore- 
said not  exceeding  in  all  ten  thousand  a 

Rail roL .  ,*c        :{-   If  shall  be  lawful  for  the  Baid  company  t.>  construcl  such  rail 
roads  on  their  lands  as  may  be  i    i  For  the  transportation  of 

the  produce  thereof  to  market:   provided  they  do  not   invade  the 
lands  of  others  without  the  consent  of  the  owners  thereof:  and  pro- 
vided farther,  that  the  Baid  company  shall  not  he  entitled  to  charge 
freight  or  passage  money  on  the  transportation  of  tonna; 
gers. 

,,t        4.    This  act  shall  he  in  foroe  IVoni  its  passage,  and  shall  he  BUbjeCt 
to  alteration,  modification   or   repeal,  at    the   pleasure  nf  the  general 

mbly. 


Chap.  233.— An  ACT  for  the  relief  of  Enoch  Adkins  of  the  County  of  Giles. 

Passc.l  .Miircli  85,  1861. 

AtoMmt  of  '•    Be  it  enact*  d  by  the  genera]  assembly,  that  tin  second  auditor 

SmhI^  *°d  he  is  hereby  authorized  and  required  to  issue  his  warrant  on 


PEIVILEGE8,    ETC.  311 

the  treasury,  payable  out  of  any  funds  therein  to  the  credit  of  the 
Literary  fund,  and  not  otherwise  appropriated,  in  favor  (if  Enoob 
Adkins,  or  his  legal  representative,  for  the  sum  of  fifty  dollars; 
amount  of  a  forfeited  recognizance  paid  by  him  into  the  treasury. 

2.    This  act  shall  be  in  force  from  its  passage.  Comment.       M 


Chap.  234. — An  ACT  for  the  payment  of  a  sum  of  money  to  James  W. 
Jones,  Jailor  of  Frederick  County. 

d   April  3, 

1.  Be  it  eua<  b  d  by  the  general  assembly,  that  tlie  auditor  of  pub-  Amount 

lie  accounts  be  and   he  is  hereby  directed  to  issue  his  warrant  on  the 

ury  in  favor  of  James  W.  .Tones,  jailor  of  Frederick  county,  or 
lii s  legal  representative,  for  the  sum  of  one  hundred  and  twenty-three 
dollars  and  five  cents,  payable  out  of  any  money  therein  not  other- 
wise appropriated;  the  same  being  the  amount  of  his  account  for  the 

maintenance  of  Lewis  I'ritehard,  a  lunatic. 

2.  hall  be  in  force  from  its  passage.  Comm«r.. 


(  hap.  235. — An  ACT  for  tin-  relief  of  T><  reread  J.  Packard. 
binary  27,  :■ 

l.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub-  Amonm  of  tax 
lie  accounts  be  and  is  hereby  authorized  and  directed  to  issue  his 
warrant   00   the  treasury,  payable  out  of  any  money  not   other. 
ap]  ropriated,  in  favor  of  the  Reverend  J.  Packard, for  fifteen  dollars, 
a  of  tax  improperly  paid  by  him  for  the  year  eighfa  en 
hundn  fty-eight,  upon  his  salary  as  one  of  the  professors  at 

the  'I'ln  ol  inary  of  Virginia. 

J.   ]  ige. 


Csup.  236  —A 


" 


I.  Be  fcthe  auditor  of  pub-  ' 

lie  Si 

at   on    tin  not 


312  PRIVILEGES,    ETC. 

Otherwise  appropriated,  fur  the  sum  of  thirteen  hundred  dollars,  in 
favor  of  David  L.  Hopkins  and  Samuel  J.  Campbell  of  Rockbridge 
county,  or  their  legal  representatives  ;  said  sum  being  the  amount  of 
tax  on  collateral  inheritance  erroneously  assessed  and  paid  by  them 
into  the  treasury. 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  237. — An  ACT  refunding  b  License  Tax  to  Tiinl  A.  Farley  of  the 
County  of  Lunenburg. 

Passed  February  27, 1861. 
Amount  1.    Be  it  enacted    by  the  general  assembly,  that  the  auditor  of 

appropriated  ,  .     ,  "  .       .       ,  ,  ,".  ., 

public  accounts  is  hereby  authorized  to  issue  his  warrant  on  the  trea- 
sury, payable  OVt  of  any  money  therein  not  otherwise  appropriated, 
in  favor  of  Paul  A.  Farley  of  the  county  of  Lunenburg,  or  his  legal 
representative,  for  the  sum  of  ninety-six  dollars;  being  amount  of 
license  tax  paid  by  said  Farley,  which  license  was  never  used  on 
account  of  his  continued  sickness. 

Commencement       2.    This  act  shall  be  in  force  from  its  passage. 


(  sap.  238. — An  ACT  refunding  to  Matthew  Wamsley,  jr.  of  the  County 
of  Randolph  a  certain  amounl  of  Money  erroneously  paid  by  him. 

Pawed  February  27, 18C1. 

Amount  1.   Be  it  enacted  by  the  general  assembly,  that  the  auditor  of 

public  accounts  is  hereby  authorized  to  issue  bis  warrant  on  the 
treasury,  payable  out  of  any  money  therein  not  Otherwise  appropri- 
ated, in  favor  of  Matthew  Wamsley,  jr.  of  the  county  of  Randolph, 
or  his  legal  representative,  for  the  sum  of  sixteen  dollars;  being 
amount  of  taxes  erroneously  paid  on  a  tract  of  land  for  the  years 
eighteen  hundred  and  fifty-seven  and  eighteen  hundred  and  fifty-eight. 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


(  hap.  239.— An  ACT  for  the  relict'  of  Nathaniel  B.  Harvey. 

Passed  Manli  30,  1861. 

Amount  1.    Be  it  enacted  by  the  general  assembly,  that  the  auditor  of 

appropriated      pUj,jjc  accounts  be  and  he  is  hereby  authorized  to  issue  his  warrant 


PRIVILEGES,    ETC.  313 

upon  the  treasury  in  favor  of  Nathaniel  B.  Harvey,  or  his  legal 
representatives,  for  sixteen  dollars  and  thirty-two  cents;  on  account 
of  land  tax  which  had  been  improperly  assessed  to  him  in  the  county 
of  Franklin. 

2.    This  act  shall  he  in  force  from  its  passage.  Commencement 


Chap.  240.— An  ACT  for  tlio  relief  of  .Tamos  Scott  of  Greenbrier  County. 
Passed  February  27, lt>6l. 
'l.    Be  it  enacted  by  the  ceneral  assembly,  that  the  auditor  of  Amount 

°  "  appropriated 

public  accounts  be  and  he  is  hereby  required  to  issue  his  warrant  on 
the  treasury,  payable  nut  of  any  money  therein  not  otherwise  appro- 
priated, in  favor  of  James  Scott  of  Greenbrier  county,  or  his  legal 
representative,  tor  the  sum  of  seventy-one  dollars  and  four  cents; 
being  the  amount  of  taxes  improperly  paid  by  him  into  the  treasury. 

2.    This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  211. — An  ACT  for  the  relief  of  James  J.  Spaulding. 

Pi  1  April  1.  U 

1.  Be  it  enacted  bv   the  general   assemblv.   that  the   auditor  of  Amount 

*  i  ,  appropriated 

public  accounts  be  and  he  is  hereby  authorized  and  required  to  ISSOC 
his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  James  J.  Spaulding,  or  his  legal 
representatives,  for  the  sum  of  fifty-four  dollars:  that  being  the 
amount  paid  by  said  Spaulding  for  a  license  tax.  which  license  was 
not  iimiI. 

2.  This  a<  1  shall  be  in  forc<    from  go.  Commencement 


(mm-  243.— An  A('T  for  the  relief  of  Angus  M  V*  i 

■■       h  4,  1861. 

l.    B  •  <1  bv  th<    general  assembly,  that  the  auditor  ofAmonnt 

...  ,  ,  ,  .  ,  .     •'■: 

public  accounts  be  requin  •■  bis  warrant  on  tin  treasury  in 

■'.  for  the  sum  of  sixty  dollars  and  seventy- 

1 1 i_r  1 1 1  cents;  1»  log  the  aipenal  of  taxes  <  ;  aid  by  him  t>> 

the  sin  nil'  of   Hardy  <  minty. 

'-'.  from  it*  paper-..-  roencemeot 


314  PEN  .    ETC. 


OHAP. 343.— An  ACT  refunding  to  W.  II.  Morton,  sen.  a  sum  of  money 

•  of  land. 

Passed  April  3,  , 

1.  Be  it  enacted  by  tin-  general  assembly,  that  the  auditor  <>f 
mppropnat         public  accounts  lie  and  lie  i>  hereby  authorized  ami  directed  t<>  issue 

his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  Favor  of  William  II.  Morton,  Benior,  of 
the  county  of  Mecklenburg,  or  his  legal  representative,  for*the  sum 
of  forty  dollars  and  one  Oenl  :   being  amount  paid  by  said   Morion  on 

erroni  out  t1  of  land. 

2.  This  act  shall  be  in  Force  from  its  passage. 


Chap.  244.— An  ACT  fur  the  relief  of  E.  X.  Eubank,  Commissioner  of  the 
mm  for  the  '  !ity  of  l.\  uchburg. 

Pa    -  ■!  April  l.  186L 

Amount  l.   Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 

appropnatrd  yic  ;K.(.(mnts  ]„,  illl(|  ]1(.  js  hereby  direct*  d  to  issue  his  warrant  an  the 
treasury,  payable  out  of  any  money  therein  not  otherwise  appropri- 
ated, in  favor  of  E.  X.  Eubank,  commissioner  of  the  revenue  for  the 
city  id'  Lynchburg,  or  his  legal  representative,  for  the  sum  bf  Four 
bun. lit  d  and  twelve  dollars  and  Forty-eight  cents;  that  sum  being 
the  amount  of  compensation  withheld  from  the  .aid  Eubank  on  ao- 
count  of  his  failure  to  return  his  commissioner's  books  to  the  proper 
officers  in  the  time  prescribed  by  law. 

Commencement       '-!.    This  act  shall  be  in  force  from  its  passage. 


Chap.  245.— An  ACT  for  tin'  relief  of  George  W.  Tucker  of  Halifax  County. 

a    March    1  I. 

Amount  1.     He  if  enacted  by  the  general  assembly,  that  the  auditor  of pub- 

approprmteJ       j.q  accounts  be  and    is   hereby  required   to   issue   his  warrant   on  the 

treasury,  payable  out  of  any  money  therein  not  otherwise  appropri- 
ated, in  Favor  of  George  W.  Tucker  of  Halifax  county,  For  the  sum 
of  sixty  dollars  and  thirty-seven  cents;  amount  of  taxes  erroneously 
paid  by  him  into  the  treasury. 

Commc-necment       2.    This  aet  shall  be  in  force  from  its  passage. 


PRIVILEGES,    ETC.  31-5 


Chap.  246.— An  ACT  for  the  relief  of  Edward  Johnson  of  the  County  of 

I  March  18,  186L 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  Amount 
public  accounts  be  and  he  is  hereby  authorized  and  directed  to  issue  Bpprop 
his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  Edward  Johnson,  a  citizen  of 
Giles  county,  or  his  legal  representatives,  for  the  sum  of  thirty  dol- 
lars and  Gfty-one  cents;  being  the  amount  of  land  tax  erroneously 

paid  by  him. 

2.  This  act  shall  he  in  force  from  its  passage.  Common- 


Chap.  247. — An  ACT  to  release  John  W.  Mnrrell  from  the  payment  of  a 

nit  Court  of  Lyn  inst  him. 

1  March  30,  186L 

1.  Be  i;  enact*  d  by  the  general  assembly,  that  the  judgment  reco-  Kiucg  released 
vcred  against   John  W.  Murrell,  in  favor  of  the  commonwealth  of 
Virginia,  in  the  circuit  court  for  the  corporation  of  Lynchburg,  at 

tin-  June  :■  rm  of  said  court,  in  the  year  eighteen  hundred  and  h'fty- 
■ii  of  twenty-five  hundred  dollars,  he   and   the   same 
is  hereby  released)  less  the  costs  incurred  by  the  commonwealth  in 
irt  and  the  court  of  appeals. 

2.  This  act  shall  he  in  force  from  its  passage.  Coinracnccmfnt 


the  relief  of  j,  »  pfa  W.  B 
■ 

1.  B  ■  mbly,  that  the  auditor  ■ 

•<  by  authorized  and  din 
ble  out  of  any  money  thi 
otherwise  appn  1  favor  of  Joseph  W.  Harper,  for  the 

tount  of  tax  paid  bj 

a  mcrchai  in 

l  by  tlio 
J 

i<  fund   thl 

2.  i  «    .. 


I1G 


PRIVILEGES,    ETC. 


Chap.  849. — An  ting  the  payment  of  certain  interest  to  Emmet 

J.  O'Brien. 


Ammi 
p.ii.l  out  <.f 
In!,  rnal  ini- 


I.  Be  if  enacted  by  the  genera]  assembly,  thai  the  second  auditor 
is  hereby  directed  to  issue  his  warrant  on  the  treasury,  payable  <>ut 
•a  fund  0f  anv  money  therein  to  the  oredit  of  the  Fund  for  internal  improve- 
ment, in  favor  of  Emmet  J.  O'Brien,  or  his  legal  assignee,  for  one 
hundred  and  fifty-five  dollars  and  twenty-one  cents:  being  the  amount 
of  interest  due  on  a  sum  of  money  due  to  said  O'Brien,  and  omitted 
to  he  paid  to  him. 

Commencement       2.    This  act  shall  be  in  forCC  from  its  paSSBge. 


Amount 
appropriated 


Chap.  250. — An  ACT  refunding  to  Lynn  and  Compton  a  license  tax 
improperly  collected  of  them. 

1  March  18,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  be  and  he  is  hereby  authorized  and  direoted  to  iasne  his 
warrant  on  the  treasury,  payable  out  of  any  money  not  otherwise  ap-' 
propriated,  in  favor  of  L.  P.  Lynn  and  Compton  of  the  county 

of  Prince  William,  or  their  Legal  representatives,  for  the  sum  of  forty 
dollars:  being  the  amount  of  tax  improperly  ai  ainst  and 

paid  by  them,  the  said  Lynn  and  Compton  :  provided,  however,  that 
the  amount  aforesaid  shall  not  he  paid  until  the  said  amount  shall  be 
paid  into  the  treasury  by  the  said  sheriff  or  his  sun 


Commencement       2.    This  act  shall  be  in  force  from  its  passage. 


I 


Amount 
appropriated 


Chap.  251.— -An  ACT  for  the  relief  of  Benjamin  S.  Reynolds  of  Harrison 

(  'mint  v. 
Passed  March  13,  1661. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of 

public   accounts   tl    hereby  directed    to    issue    his   warrant    upon    the 

treasury,  payable  out  of  any  money  therein  not  otherwise  appropri- 
ated, in  favor  of  Benjamin  S.  Reynolds,  or  his  legal  assignee,  for  the 
ram  of  seventeen  dollars  and  forty-live  cents;  the  same  being  the 
amount  of  tax  erroneously  assessed  upon  and  paid  by  him  for  the 
year  eighteen  hundred  and  fifty-eight. 


Commencement       2.    This  act  shall  be  iii  force  from  its  passage. 


PRIVILEGES,    ETC.  317 


Chap.  'J.r>'2. — An  ACT  refanding  to  Mrs.  Lucy  Holland  a  sum  of  money 
paid  on  erroneous  assessment 

Passed  March  9,  18  il. 

1.  Be  it  enacted  by  the  genera]  assembly,  that,  the  auditor  of  pub-  Amount 
lie  accounts  lie  and  he  is  hereby  required  to  issue  his  warrant  on  the 
treasury,  payable  out  of  any  money  therein  not  otherwise  appro- 
priated, in  favor  of  Lucy  Holland  of  Fluvanna  county,  or  her  legal 
representative,  for  the  sum  of  thirty-three  dollars  and  seven  cents; 
being  the  amount  of  taxes  improperly  paid  by  her  into  the  public 
treasury. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


IP.  ',::>:>.— An  ACT  for  the  relief  of  Charles  A.  Ilogc  and  James 
rave. 

Passed  March  10,  18C1. 

1.    Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  rtc.i^cssmcnt 
for  (i.iiihs  A.  Hoge  and  .lames  Afusgrave,  assessed  with  a  tract  of  authorised 
five  thousand  acres  of  land  in   the  county  of  Wetzel,  to  apply  to  the 
of  said  county,  within  six  months  from  the  passage  of  this  act, 
to  have  the  assessment  of  said  land  corrected:  provided,  that  before 
makii  pplication,  they  give  notice  to  thi  ami  the 

attorney  of  the  commonwealth  for  said  county,  and  that  they  shall  be 
suljei  !  to  nil  i]  his.  and   be  governed  by  all   the  provisions 

of  thi  '1  the  tenth  of  March,  eighteen  hundred  and  fifty-six, 

ir  as  the  same  may  1"'  inconsistent  with  the  provisions 
of  tl  1  shall  also  incur  and  pay  all  lej  ittending 

application  tion:  and  provided  also,  that  the  action  of  saidn  uwrmnt 

court,  in  consid<  ring  the  subject,  or  granting  any  relief  herein  pr  ,t  value 

vided  for,  shall  be  1  aid  upon  and  governed  by  what  in  the  opinion 
of  the  curt,  was  the  true  value  of  the.  land  at  the  time  the  assess- 
ment ol    BUcfa  land  was  made. 

I  nt  made  under  the  pro\  i 
!,  by  the  commissioner  of  the  revenue  . 

'  '"°°u 
rin  d 

by  tie  tj    to   the  auditor  of  pul 

such  r:ff  of  ta.  ■ 

tor. 

,  its  passage.  CommcBccacal 


316  PRIVILEGES,    ETC. 


CHAP. 254. — An  ACT  to  refill  I  II  and  Daniel  !'■ 

I  by  them  into  the  Treasur  laud 

in  Roane  Cow 

I.   Be  il  I  by  the  ■  bly,  that  the  auditor  of 

public  accounts  be  and  is  hereby  authorized  and  directed  to  issue  his 

warrant  on  the  treasury,  in  favor  of  J  I  11  of  Kanawha 

ty  and  Daniel  Polsley  of  Ma  on  county,  jointly,  for  the  sum  of 

two  hundred  and  ninety  dollars  and  forty  cento,  payable  out  i 

Erroncons         money  in  thi  otherwise  appropriated;  bubo 

being  the  amount  of  tax  <>n  a  tract  of  land  in  !  inty  for  the 

year  -  hundred  and  fiftj  ■litem  hundred  and  fifty- 

i   and  eighteen  hundred   and  fifty-nine,  errom 

.  I    anell  and  Daniel  Polsley,  and  by  them 
paid  into  ary. 

comrr.rr.ccm.:.t      2.  This  at  I  Bhall  be  in  force  from  its  passage. 


Chap.  255. — An  ACT  all<  to  Parsha  A.  Fowlki 

.1    ieph  C.  Fowlkes,  for  the  arrest  of  three  Convicts  escaped  from  thi  Jail 
Lunenburg  County. 

i  1  March  1C,  1861. 

Amount  I.    Be  it  enacted  by  the  general  assembly,  that  the  auditor  of 

public  accounts  be  and  he  is  hereby  authorized  I  arrant 

on  the  treasury,  payable  oul  <>f  any  money  therein  not  oth<  rwise  ap- 
propriated, in  favor  of  Parsha  A.  Fowlkes  and  Joseph  ('.  Fowlkes 
of  the  county  of  Nottoway,  or  their  legal  representatives,  for  the 

sum  of  One   hundred  dollars;   the  said  sum   being  compensation  for 

the  arrest  of  three  slaves,  Dick,  .John  and  Collin,  who  were  con- 
ned to  be  hung  by  the  county  court  of  Lunenburg  county,  and 
who  had  escaped  from  the  jail  of  said  county. 

at       2.    This  act  shall  be  in  force  from  its  passage. 


Chap. 256— -An  ACT  authorizing  the  Circuit  Courl  of  Amelia  County  to 
make  allowance  to  certain  children  of  William  II.  \\  ilson,  a  lunatic 

P    n  il  April  l,  L86L 

Circni. ,  I.  Beit  <  nacted  by  the  general  assembly,  that  the  circuit  court  of 

Luowanee  "  tli:'  ('l,u,lt.v  of  Amelia,  on  the  petition  of  the  adult  children  of  William 
JL  Wilson  of  Amelia  county,  or  any  of  them  (which  said  Wilson  is 
a  lunatic,  and  confined  in  one  of  the  lunatic  asylums  of  the  state). 


PBTVILEGE8,    ETC.  filO 

inny  make  a  reasonable  allowance  for  the  maintenance  of  such  peti- 
tion! r  or  petitioners)  and  order  the  amount  to  be  paid  by  the  com- 
mittee  of  said  lunatic  out  of  such  portion  of  bis  <  Btatc,  or  the  profits 
thereof,  aa  may  In-  legally  applied  thereto:  provided,  that  ten  days' Notice  to 
notice  of  such  intended  application  shall  be  given  to  George  II." 
Matthews,  the  committee  of  said  lunatic,  and  that  nn  allowance  shall 
be  made  whereby  the  wife  and  minor  children  of  the  said  lunatic 
shall  b(  deprived  of  a  maintenance:  and  provided  farther,  that  this  \b  to  wife  sod 
ill  not  be  construed  as  an  interpretation  of  the  forty-fifth  No°°tototerp«t 

section  of  chapter  eighty-five  of  the  Code.  J."'1'"!1  f?rt7 

L  O        J  ||\  c  of  clmjilr  r 

e  of 
2.    This  act  shall  he  in  force  from  its  passage.  ,r„nt 


Chap.  257. — An   '■  <u  and  Ad,n,:,s  of  a 

done  on  iii  i  uinpike. 

TassMl  February  1^,  1861. 

1 .  Be  it  enacted  by  the  g<  d<  ral  assembly,  that  the  second  auditor  Amount 
be  and  he  is  hereby  authorized  and  dire  nranl  on  '' '''  ' 
the  treasury,  payable  oul  of  any  money  therein  net  otherwise  appro- 

d,  i"  the  credit  of  the  Board  of  public  works,  in  favor  of  Scott 

and  Adams,  for  the  sum  of  three  thousand  nine  hundred  and  sixty- 
dollars  and  fiftj  •  thereon  from  the  fii 

day  of  January  eighteen  hundred  and  Gfty-six;  the  same  being  for 
by  them  on  the  Southwestern  turnpike,  underacont 

with  the.  Board  of  public  works,  and  lor  which  a  judgment  1  ■ismmt  iia<i 

i        ered. 

2.  i  hall  he  in  force  fro;  _-e.  Comm.iir.monl 


I 

I.  Be  by  i  bly,  that  the  auditor  of  pub- An 

I 

i  ..oiiueah!'.    , 

■ 

I 

the  an. 

I 


320  PRIYILBQE8,    BTC 


Chap.  869.— An  ACT  for  the  relief  of  Jobs  W.  G.  Smith  of  Rockingfcaao 

County. 

PasKc.l  January 

Amount  1.  I5e  it  enact*  J  by  the  general  assembly,  that  the  auditor  of 

pnbtie  aeooonta  be  and  he  ia  hereby  authorised  and  din  i  ted  to  issue 
his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  John  W.  G.  Smith  of  Rooking- 

Erroneous  tax  ham  county,  for  the  sum  of  twenty-nine  dollars  and  forty  eeiits;  the 
same  being  the  amount  of  tax  on  bonds  for  the  year  eighteen  hun- 
dred and  fifty-eight,  erroneously  u-M-.-sed  mi  said  Smith,  and  paid  by 
him  into  the  treasury. 

Commencement       2.    This  ait  shall  be  in  force  from  its  passage. 


Chap.  2G0.— An  ACT  for  the  relief  of  Patrick  II.  Scott  of  Halifax  County. 

Passed  January  83,  1861. 

Amonnt  1.   Be  it  enacted  by  the  general  assembly,  that  the  auditor  of 

appropriate  public  accounts  be  authorized  and  directed  to  issue  bis  warrant  mi 
the  treasury,  payable  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  in  favor  of  Patrick  II.  Scott,  or  his  legal  repre- 
sentative, for  the  sum  of  Dine  dollars;  the  same  being  the  amount 
erroneously  assessed  on  the  ferry  of  said  Scott,  and  paid  by  him  into 
the  treasury. 

Commencement       2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  261. — An  ACT  for  the  relief  of  Thomas  Javins  of  Fairfax  County. 
TasBed  January  SS 

Amonnt  1.    Be  it  enacted  by  the  general  assembly,  that  the  second  auditor 

appropri;n..i       ^e  ;(||(j  ^  ^  j,,.,.,.],^.  required  to  pay  out  of  any  money  of  the.  Literary 
fund   not  otherwise  appropriated,  to  Thomas  .lavins,  or  his  assigns, 
the.    sum    of    three    hundred    and    forty    dollars,   with    legal    interest 
thereon  from  the  third  of  .lane  eighteen  hundred  and   iifty-four,  and 
How  doo  fifteen  dollars  and  eleven  cents  costs  of  suit  ;   that  being  the  amount 

paid  by  the  said  . lavins  for  a  lot  id'  laud  sold  by  the.  commonwealth 
as  escheated  land,  which  lot  of  land  was  recovered  of  the  said 
Javins  by  Hannah  Butler,  in  a  suit  in  the  circuit  court  of  Alexan- 
dria county. 

Commencement      »•   This  act  "ball  be  in  force  from  its  passage. 


PRIVILEGES,    ETC.  321 


Chap.  262. — An  ACT  for  the  relief  of  Benjamin  and   I-  a*   of 

Morgan  ( lounty. 

1.   Be  if  enacted  by  the  general  assembly,  that  the  auditor  ofAmoani 
public  aooounta  be  and  he  ia  hereby  authorized  to  issue  his  warrant         * 
on  the  treasury,  payable  out  of  any  money  therein  not  otherwise 
appropriated,  in  favor  of  Benjamin  and  [saac  Deford*,  or  their  legal 
representatives,  for  the  sum  of  thirty- three  dollars  and  sixty  cents; 
being  the  amount  of  the  tax  paid  on  an  erroneou  lent  of  I « = t  i 

numbered  our  hundred  and  seven  in  tin'  town  of  Bath  in  the  county  M 
of  Morgan.    The  county  oourt  of  Morgan  county  is  hereby  autho-  count] 
rizcil  to  correct  tin1  erroneous  assessment  aforesaid.  ",,,'„r„, 

This  act  Shall  bo  in  force  from  if*  passage.  Comment* 


Chap.  963. — An  ACT  authorizing  the  payment  <>f  the  amount  of  a  l<.-t 
I  oupon  to  James  ('.  McQuire  A   Co. 

I  Marco  L9,  1861. 

1.    Be  it  enacted  by  the  general  assembly, that  upon  due  ami  sati  -  Lnditorto 
factory  evidence  being  given  to  the  second  auditor  of  the  1<>.-s  of  ;i'"""v 
coupon  numbered  eleven  thousand  live  hundred  ami  twenty  of  the 
bonds  of  the  state,  payable  in  eighteen  hundred*  and  ninety-thj 
the  property  of  Jam<  aire  &  Co.,  the  said  auditor  shall  issue 

In-  warrant  on  the  treasury,  payable  nut  of  any  money  therein  to  the 

Credit  of  the  Sinking  fund,  lor  the   mm   of  thirty  dollars:   provided,  Amount 

that  before  the  said  warrant  shall  he  issued,  the  said  James  <'.  Mc- 
Gruire  A   Co.  -hall  file  in  the  office  of  the  :-((ond  auditor  a  b  i 
dth.  with  one  or  more  sufficient  securit 

■  nt  in  the  commonwealth,  conditioned  to  indemnify  the  com-  " 
monwealtb  and  all  p< 

int. 

hall  he  in  fore- 


"•  ink  of  Vh 

by  it-  I  !i  Imn- 


322 


PRIVILEGES,    ETC. 

dnd  and  fifty-five,  transmitted  through  the  mail  to  the  city  of  Now 
ipons  for  Bemi-annnal  interest  of  bonds  of  this  common- 
wealth, payable  on  the  first  day  of  duly  eighteen  hundred  and  Bfty- 
five.  fur  tin-  sum  of  oik-  thousand  and  twenty  dollars,  numbered  as 
follows:  1122,  4159,  1237,  1982,  5174,  7279,  7360,  B125,  B053,  - 
8442,  8443,8647,9027,9053,9070,9343,9344,9345,9356,9357,9358, 
9359,  9360,  9361, 9365, 9605  and  1002?  and  one  hundred  and  ninety- 
fire  dollars,  of  whioh  no  record  of  number  was  preserved;  thai  the 
letter  containing  said  oonponi  was  lost,  and  thai  said  ooupons  have 
not  been  paid : 

1.  Be  it  therefore  enacted  l.y  the  general  assembly,  that  upon 
satisfactory  evidence  of  the  lo.-s  of  said  coupons  being  given  to  the 

second  auditor,  he  is  hereby  authorized  and  required  to  pay  the  said 
mm  of  one  thousand  and  twenty  dollars,  the  amount  of  -aid  coupons, 
as  above  stated,  to  the  said  hank:  l»ut  before  paying  the  same,  the 
said  hank  shall,  by  resolution,  agree  to  indemnify  the  state  against 

all  losses  which  she  may  incur  on  account  of  the  payment  of  said 
coupons. 


Commencement       2.   This  act  shall  be  in  force  from  its  passage. 


Amount 
appropriated 


Bernri'.T 


Chap.  265. — An  ACT  authorizing  the  payment  to  William  <;.  Jackson  of 

certain  Coupons. 

Passed  April  .'1,  1861. 

Preamble  Whereas  it  is  represented  that  there  were  deposited,  on  the  second 

day  of  .January  eighteen  hundred  and  fifty-eight,  for  collection,  with 
the  cashier  of  the  Merchants  Hank  of  Baltimore,  for  account  of  the 
Ret.  William  (1.  .Jackson,  eighteen  coupons  taken  from  the  bonds  of 
the  Chesapeake  and  Ohio  canal  company,  guaranteed  by  the  state  of 
Virginia,  numbers 639,  640,  641,  642,  643,  644,  645,  646,  647  and 
G58,  of  fifteen  dollars  each;  and  from  numbers  45,  16,  17.  5 'J,  '>:), 

57,  95  and  572,  of  thirty  dollars  each,  amounting  to  three  hundred 
and  ninety  dollars;  and  the  said  coupons  were  enclosed  on  the  same 
day  in  a  letter  to  the  cashier  id'  the  P.ank  of  Virginia;  and  while  the 
letter  aforesaid  was  duly  acknowledged,  the  said  coupons  were  not 
contained  therein,  and  none  of  them  have  been  paid  by  the  second 
auditor: 


2d  Auditor 
■athorised  to 

i*Bue  liin  v.  :ir 
rant 


l.    lie  it  therefore  enacted  l»y  the  general  assembly  of  Virginia, 

that  upon  due  and  satisfactory  evidence  of  the  loss  of  said  coupons 
being  given  to  the  second  auditor,  he  is  hereby  authorized  and  re- 
quired to  pay  the  amount  of  the  said  coupons  as  above  stated,  to  the 
Rev.  William  G.  Jackson,  his  attorney  in  fact,  his  personal  reprc- 


PRIVILEGES,    ETC.  323 

scntitivos  or  assigns:  provided,  that  before  paying  the  same,  the 
said  William  (i.  Jackson  shall  file  with  the  Baid  auditor  proof  of  ad- 
vertisement of  the  loss  of  said  coupons,  and  a  bond  with  approved  Security  io 
security  resident  in  the  state  of  Virginia,  indemnifying  the  Baid  state 
against  all  losses  which  she  may  in  any  mam  le  for  on  ac- 

count of  the  payment  of  the  Baid  coupons. 

2.    This  net  shall  he  in  force  from  its  pas.1  iaj  Commrncomcni 


Chap.  266. — An  ACT  releasing  t"  the  personal  representative  of  A.  ('. 
Layne  the  rent  due  under  lii.s  lease  for  a  portion  of  the  Public  Armory. 

P        1  March  no,  18G1.  * 

Whereas  the  general  assembly  of  Virginia,  by  a  joint  resolution  iv 
d  uii  the  eleventh  Of  March  eighteen  hundred  and  fifty-six, 
authorised  the  governor  to  lease  out  to  A.  C.  Layne  the  west  wing 
of  the  arnmry,  to  be  used  for  milling  purposes,  upon  BUoh  terms  and 
for  such  time  a?  he  might  prescribe;  and  in  pursuance  of  said  resoln 
tion.  the  governor  did,  on  the  eighteenth  day  of  June  eightei  n  hun- 
dred and  fifty-six,  lease  the  said  west  wing  to  the  said  A.  C.  Lnym 
for  said  purpose,  for  the  term  of  ten  years,  for  and  in  consideration 
of  the  annual  sum  of  four  hundn  d  and  sixty  dollars,  to  be  paid  semi- 
annually by  thi  on  the  first  day  of  January  and  .Inly:  and  it 
ipulated  in  said  lease  th;it  either  the  governor  or  the  general 
.hly  might  terminate  said  lease  whenever  the  public  interest  in 
their  judgments  might  require:  And  whereas,  by  an  art  passed  on 
the  twenty-first  January  eighteen  hundn  d  and  sixty,  entitled  an  act 
making  an  appropriation  for  the  purchase  and  manufacture  of  arms 
and  munitions  of  war,  the  governor  was  authorised  the 
buildings  of  the  public  armory  to  be  forthwith  placed  in  condition  for 
the  introduction  of  machinery  and  for  the  manufacture  and  repair  of 

:  and  in  consequence  of  the  )  |  said  act,  tie  li 

continued  the  use  of  said  mill  from  the  fust  day  of  January  eighteen 

hundi  intil  tin    day  of  i,i-  d<  ath,  v. ; 

the  hrenty-eecond  of  August  last ;  ami  liable  that  the 

1  property  should  oi  ate  from  I 

i  fori', 

1.    Be  it  enacted  by  the  general  ■■>    <  mbly.  that  th<  mnn- 

reraor  with  the  said  A.  <     i  I  p"«ifbu 

eonatraed  to  terminate  and  oeaw   from  and  after  tl 
January  eighteen  hundrei  1  right  which  th<  i 

monwcalth  of  Virginia   hath  or  may  bfl  r<  nt   for  the 

ii   that   time,  j-liall  ]••■  and  the  panic  is 
hereby  relinq       ■  <1 

act  shall  i 


PRIVILEGl  8,    ETC. 


Chap.  967. — An  ACT  aujborisi  Public  Works  to  appoint 

i  -    |                             by  Witlian 

K  ng  in  the  o  tion  "!'  the  <»l:i<>  and  Maryland 

Tun  | 

i.        rpubiie      !•  Be  it  enacted  by  the  genernl  assembly,  that  the  Board  ot  public 
works  In-  instructed  to  appoint  three  disinterested  persons,  to  examine, 
.  in-  into,  measure  and  report  to  the  present  legislature, 

if  in  Bession,  and  if  not  in  session,  to  the  nexl  legislature,  the  l< 

ined  by  William  W.  King  in  the  construction  and  repair  of  the 
fourteenth  section  of  tin-  <»hi.>  river  and  Maryland  turnpike  road, 
distinguishing  the  losses  sustained  in  its  construction;  from  thou 
caused  by  repairs  and  extra  work:  provided,  thai  all  expenses  con- 
nected with  the  Bald  commission  appointed  as  aforesaid,  Bhall  be 
borne  bj  the  said  bang. 

o.iUi  ..f  com.  '-•  The  commissioners  aforesaid  shall,  before  entering  upon  their 
duties,  take  an  oath  before  a  justice  of  the  peace,  faithfully  and  im- 
partially to  discharge  the  same. 

t'nrarocuc«>mrnt         3.       I  V'!l  lie  ill   fnl'ee  from  it<  parage. 


Chap.  268. — An  ACT  authorizing  the  Board  of  Public  Works  to  appoint 
Commissioners  to  estimate  and  report   upon   I  stained  by  John 

Conaway  in  the  construction  of  the  Fairmont  and  Wheeling  Turnpike 

d. 

a  March  91, 

BoBrd  of  public        1.    IV  if  enacted  by  (lie  general  assembly,  that  it  shall  lie  the  duty 

p.'.'iiaVo'ii'''       of  the  Board  of  public  works  to  appoinl  three  discreet  freeholders,  to 

ntMhmm  r  upon  the  lands  of  John  Conaway,  and  assess  the  damages,  if 

any,  done  to  John  Conaway's  land  in  the  county  of  Marion,  by  the 

construction  of  the  Wheeling  and  Fairmont  road,  and  report  their 

proct  edinge  to  the  next  general  assembly. 


Thrir  report 


oonmrnoemeiK      2.  'l1  tall  be  in  force  from  and  after  its  pe 


Chap.  269. An  ACT  to  n  l<  ase  the  title  to  ■"  •">''!  acres  of  Land  in  the  County 

Of  Hanover  to  John  J  I.  Taliaferro. 
I  Uarcfa  97,  1861. 

intrrcHtof  com-     1«   Be  it  enacted  by  the  general  assembly,  that  all  right,  title  and 
ro°eMcdlth        interest  of  the  commonwealth  of  Virginia  in  a  certain  tract  of  land 


PRIVILEGES,    ETC.  325 

lying  in  the  county  of  Hanover,  and  containing  fiv<-  hundred  and 
fiftv-si \  and  one-fourth  acres,  adjoining  the  land-  of  Lucien  B.  Price 
and  others,  which  may  have  accrued  in  virtue  of  the  delinquency  of 
Richard  Anderson  for  the  year  eighteen  hundred  and  forty-six,  the 
taxes  for  that  year  having  In  en  paid,  is  hereby  released  to  John  ll 
Taliaferro  of  said  comity. 

2.    This  act  shall  be  in  force  from  its  p  neoeemiiri 


Chap.  270. — An  A<  T  releasing  the  Commonwealth'!?  Claim  to  a  certain 
tad  in  Chesapeake  Baj  \>>  Edmund  J.  Poulson. 

Paswl  I'.l.ruary  93,  LSI 

1.  I  icted  by  the  general  assembly,  that  the  right  and  claim  common- 

f    ,  ,  i"    i-  •   •      •    •  •  \       i  iii-  ealth'iintereii 

of  tin-  commonwealth  <|  \  irginia  to  an  island  or  Bhoal  lying  soutb  ,-. 
of  Tangier  island  in  the  county  of  Accomack,  known  as  Tangier  Cod. 
be  and  the  same  is  In  reby  released  to  Edmund  .T.  Poulson,  his  fa 
and  assigns,  forever. 

2.  Thie  act  sliall  be  in  force  from  fa  pasBfl 


Chat.  'J71. — An  ACT  granting  the  Commonwealth's  right  tatc 

of  John  Kellj  to  <  >wen  81  • 

Passed  February  21 

Wh<  reas  it  is  represent  d  to  the  g<  n<  ral  assi  mbly,  thai  John  Kelly  n 

by  \*  ill.  which  was  admitted  to  record  in  <  >hio  county  court. 

at  the  March  term  eighteen  hundred  and  thirty-four.  d<  vised  his  real 

cutore,  in  trust  for  Owen  m  residing  in  s:.id 

ring  his  life,  with  other  limitations  in  said  i 

hut  \-  probable  can  never  become  effectual  to  di  pose  ol 

such  •  •  And  wherea •  it  is  also 

•  heir  or  kindred  of  said   Kellj 
and  that  if  any  exist,  they  are  aliens,  not  residing  itry, 

and    ! 
liabh  at  : 

1 .     ! ' 

in  which  d  or  shall 

|     ' 
rt  or 
all  o;  •  the 

'   nil 
will. 


32G  PRIVILEGES,    ETC. 


Chap.  278. — An  ACT  authorizing  (be  sale  of  rral  estate  belonging  to 
Pawed  March  -i,  1861. 

1.  Be  ir  enacted  by  the  general  assembly,  that  the  trash 
Ebenezei  academy  in  the  oonnty  of  Brunswick  be  authorized  to  Bell 
the  ri  al  estate  belonging  to  their  corporation,  upon  Buofa  tenni  as  they 
may  deem  mosl  advantageous,  and  pay  the  money  arising  therefrom 
to  the  superintendent  of  Bchools  for  indigent  children  in  Baid  county, 
mod^v,  h..w  to  be  loaned  oat  upon  good  personal  security,  and  the  interest  and 
one-fourth  part  of  the  principal  thereof  annually  lor  lour  years  to  be 
disposed  of  in  the  same  manni  r  as  the  quota  of  the  Literary  fund 

allotted  to  Baid  comity. 


appropriated 


OmummmmbI       2.    This  act  shall  he  in  force  from  its  passage. 

J 


Chap.  273. — An  ACT  to  Buspend  the  levying  of  Taxes  by  the  State  on  the 
Wheeling  and  Belmont  Bridge  Company  lor  six  years. 

I  .March  28,  1861. 

t'rcanibic  Whereas  it  is  represented  to  this  general  assembly,  that  the  owners 

of*  the  Wheeling  and  Belmont  bridge  have  Buffered  great  loss  in  de- 
fending a  suit  carried  on  against  said  company  to  abate  said  bridge 
aB  a  nuisance:  and  in  the  prosecution  of  said  suit  the  sovereignty  of 
Virginia  was  called  in  question,  and  the  whole  expense  of  said  suit 
was  met  and  paid  by  the  said  bridge  company  : 

nam  I.   Be  it  therefore  enacted,  that  the  levying  of  taxes  by  the  state 

on  said  bridge  shall  be  suspended  for  six  years  from  the  first  day  of 
February  eighteen  hundred  and  sixty. 

Oommeacemeni       2.    This  act  shall  be  in  force  from  its  passage. 


Chap. 274. — An  ACT  releasing  the  state's  (Maim  to  the  fine  Imposed  on 
the  Schooner  \  irginia  for  an  alleged  violation  of  the  Inspection  I 


March  85.  L861. 


cinim  or  com-  i.  licit  enacted  by  the  general  assembly,  that  all  claim  of  the 
remitted  '  commonwealth  to  any  portion  of  o  fine  imposed  <>n  the  Bchooner  Vir- 
ginia for  an  alleged  violation  of  the  inspection  laws  of  this  state,  be 
Doty  of  auditor  and  the  same  is  hereby  released  and  discharged:  and  if  the  state's 
portion  of  the  said  fine  or  any  part  thereof  has  been  paid  into  tho 
treasury,  the  auditor  of  public  accounts  is  hereby  authorized  and 
required  to  issue   his  warrant  on  the  treasury,  payable  out  of  any 


PRIVILEGES,    ETC.  :>27 

money  therein  not  otherwise  appropriated,  in  favor  of  William  IT. 
Fowlc  and  Son  (owners  of  said  schooner),  for  the  amount  of  said  fine 
so  paid  into  the  treasury. 

2.    This  act  shall  he  in  force  from  its  passage.  Comnu'ncemont 


Chap  275. — An  A.CT  releasing  the  Schooner  Pauline  from  the  payment  of 
Commonwealth's  claim  t«  >  any  fine  imposed  for  an  alleged  violation  of  the 
Inspection  Laws. 

Md  April  3,  1881. 

Whereas,  it  is  represented  to  the  general  assembly,  that  the  rreambi- 
schooner  Panline,  owned  and  commanded  by  residents  of  the  town 
of  Newbern  in  the  state  of  North  Carolina,  and  hailing  from  said 
town,  is  now  in  charge  of  the  chief  inspector  at  Norfolk  for  an 
alleged  violation  of  the  inspection  laws  of  the  state  of  Virginia  :  and 
it  appearing  thai  the  captain  of  said  schooner  tendered  the  ^ : i i <  1 
insp<  otor  a  draft  on  the  owners  or  their  agents  in  New  York,  for  the 
amount  of  the  inspection  fee  due  from  said  vessel,  thus  conclusively 
showing  that  no  fraud  was  intended  in  the  premises:  Therefore, 

1.   Be  it  enacted  by  the  general  assembly,  that  the  claim  of  the  Fhn  :■ 
commonwealth   to  any  fine   imposed  on  said  schooner    Pauline  by 
;i   of  said  Violation   of  the  inspection   laws  as  above  recited,  he 
and  the  same  is  her-  by  n  leased  and  discharged. 

•J.   This  act  shall  he  in  force  from  its  passage.  Nionreraom 


(  ii  m-  -.'?•'  —  \i;  \<  T  Tor  the  relief  of  Thomas  M.  Hunl'v.  Commissioner  "i 
the  l  the  County  <■!  liattheti  i. 

h  0,  1861. 
1 .     ]',<    it  '  BOM  u  d  by  the  Ji  D<  r:»  1  MS4  inlilv.  tliat  the  qnali fieat ion  ttf  fhnlMlrslI— 

Thomas  M.  Hunley  as  commissioner  of  the  revenue  before  the  county 
court  of  Matthews,  at  mber  term  eighteen  hundred  and  sixty. 

be  and   the  Mine  IS  1 1 •  n  by  Dade  ll  gal   and  valid,  and   that  the  bond 

•  I  Hunley  be  and  the  same  is  hereby  declared  to  be 

valid  to  all  intents  and  porpo 

!  Hunley,  s  rof  the  revenue  ottos* 

for  the  count]  of  Matthews^  shall  not  be  nude  vacant  in  oonseqm  i 
1  bond  not  having  i  ted  within  sixtj  days,  as  required 

by  tli«  act  ]..i-Md  March  the  thirtieth,  eighteen  hundred  and  ■ 

8,    Tin"  net  shall  from  it*  p.TFfi 


PRIVILEGES,    ETC. 

Chap.  277.— An  ACT  refandini 
by  him,  and  authorizing  tin-  Count]  I 
exrom 

•  1  April  'J. 

i  1.    Be  it  enacted  bj   the  general  assembly,  that  the  auditor  of 

public  account.-  be  and  he  is  hereby  directed  to  issue  his  warrant  ob 
the  treasury  of  the  commonwealth  in  favor  of  James  A.  Russell,  or 
his  legal  representative,  for  the  Bum  of  eighty-seven  dollars  and 
eighty- four  rents,  thai  being  th<  oharged  against 

and  paid  by  the  .-aid  James  A.  Russell  for  the  years  eighteen  hun^ 
dred  and  fifty-si  yen,  eighteen  hundred  and  fifty-eight,  eighteen  hun- 
dred and  fifty-nine  and  eighteen  hundred  and  sixty,  on  account  of 
aa  error  committed  by  the  assessor  of  the  land- of  the  said  Russell 
1\  bag  in  Frederick  county. 


•.*.    Be  it  farther  enacted,  that  the  county  court  of  Frederick  county 
i    In  reby  authorized  to  cornet  tin-  error  aforesaid,  and  to  require  the 
missioner  of  tin-  revenue  lor  the  said  county   to  make  the  land 
book  conform  thereto. 

Coicmi'iiccmi-ut       3.    This  act  shall  he  in  force  from  its  passage. 


(  ii  ip,  -j;  B. — An  At  "I'  for  the  relief  of  the  Personal  K>  pr<  si  ntative  of  Wil- 
liam s.  Crozton,  dec* 

|  ill -J,  1861. 

Amount  ].   Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 

i  •  i         ill,         .i-ii         •     i       i        i  • 

lie  accounts  be  and  be  is  bereby  authorized  and  required  to  draw  his 

warrant  upon  the  treasury,  payable  out  of  any  money  not  otherwise 

appropriated,  in  favor  of  the  personal  representative  of  William  s. 

CrOZton  deceased,  late  of   Ks.-e\  eoiiiit\.  for  the  Mini  of  lifty-lhe  dol- 
lar -and  twelve  cents:   which  amount   was  erroneously   paid  by  him 

into  the  treasury . 

I  ~.    This  act  shall  lie  in  force  from  its  pat 


Chap.  279.— An  ACT  for  the  relief  of  Thomas  Nichols. 
I  April  9.  L861. 


ible  Whereas  a  tract  of  one   hundred   and    thirtj   aeivs   of  land  owned 

by  Thomas  Nichols,  situate  in  Marion  county,  ha-  been  charged  to 
him  in  two  commissioners'  districts  of  said  county,  and  has  been 


PRIVILEGES,   ETC. 

returned  delinquent  for  the  non-payment  of  the  taxes  thereon  for  the 
years  eighteen  hundred  and  fifty-three,  eighteen  hundred  and  fifty- 
four,  eighteen  hundred  ami  fifty-five  and  eighteen  hundred  and  fifty- 
six,  although  the  taxes  had  been  regularly  paid  thereon  fur  said 
years:  And  whereas  also  in  the  year  eighteen  hundred  and  sixty 
said  land  was  sold  by  the  sheriff  of  said  county  for  said  delinquency, 
and  purchased  by  him  on  behalf  of  the  commonwealth  for  the  t. 
thereon,  interest  and  expenses,  according  to  the  form  of  the  statute 
in  Buch  cases  made  ami  provided,  by  reason  whereof  relief  in  the 
premises  is  due  to  said  owner  i 

1.  Be  il  therefore  enacted  by  the  general  assembly,  thai  all  the  Common- 
right,  title  and  interest  of  (lie  commonwealth  in  and  to  the  said  tract  r, 

of  L.nd.  bo  \'  -ted  in  the  commonwealth,  be  and  tlie  same  are  hereby 
vested  in  the  said  Thomas  Nichols,  his  heirs  or  grantees.  And  the 
auditor  shall  omit  saiil  land  from  the  list  of  real  estate  purchased  for 
the  commonwealth  at  sah  .  which  remain  unredeemed. 

2.  The  said   tract   of  land   shall   lie   replaced   in    the   book   of  the  Land  to  be  n 
proper  commissioner  of  said  county,  in  the  name  of  the  paid  Thomas  miggio 
Nichols,  or  his  grantee. 

.'?.    This  act  shall  be  in  force  from  its  passage.  i      monceraont 


Chap.  280.— An  ACT  foi  th<  relief  oi  Hugh  Crolly  and  Patrick  HcCune. 

■  '.  1861. 

Whereas,  by  an  act  of  the  last  session  of  this  legislature,  it  wa 

(1  thai  a  suit  formerly  pending  in  the  circuit  COUli  of  the  city 

chraond  and  county  of  Henrico,  in  the  name  of  Hugh  Crolly 

and  Patrick  M  gainst  the  president  and  din  (tor-  of  the 

Northwestern  turnpike  company,  which  had  been  stricken  from  the 

hould  In  ■  the  dock. 

•  for  the  county  of  Henrico :   And  wher< 

d   on  its  in.  rit-  in  said  court,  un- 
inical  points:  but  doubts  may  exist  whether  the 

■  thai  d<  - 

shall  1 

lie- 

to  the  form  of 


330 


PRIVILEG 


Common- 

w<  alth'n  ripht 

irud 


ProvUo  ns  to 

I  admin- 
istration, it 


Chap  .'J- 1.  —  An  A<    I'    .      ;'      relief  of  Charity  Casey. 

l.  Be  it  enacted  by  the  genera]  as*  mbly  of  Virginia,  that  all  the 
right,  title  and  interest  which  has  iii  any  manner  accrued  to  the  com- 
monwealth in  and  to  the  estate  of  Lewis  Casey,  a  free  colored  man, 
late  of  the  county  of  Fairfax,  deceased,  be  and  the  same  is  hereby 
granted,  transferred  and  released  unto  Ins  daughter  Charity  Casey; 
to  be  paid  by  the  administrator  of  said  estate  to  her  guardian  legally 
appointed  and  qualified:  provided,  however,  that  there  shall  first  be 
paid,  besides  expenses  of  administration,  and  Bucfa  other  ehargi 
the  county  court  of  said  county  may  deem  proper,  all  expenses  at- 
tending the  sickness  and  burial  of  Elizabeth  Casey,  the  mother  of  the 

said  Charity:   which  said  payments  shall  he  allowed  as  proper  credits 
to  the  said  administrator  in  the  settlement  of  his  accounts. 


Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  232—  An  ACT  for  the.  relief  of  Celia  Edmonds. 


Passed  April  2,  18C1. 

Preamble  Whereas  it  has  been  made  to  appear  to  this  general  assembly, 

upon  the  petition  of  Celia  Edmonds,  that  in  a  suit  heard  and  finally 
decided  in  the  supreme  court  of  appeals  of  this  state  on  the  twenty- 
third  day  of  November  eighteen  hundred  ami  fifty-seven,  upon  an 
appeal  from  a  decree  of  the  circuit  court  of  the  comity  of  Fauquier. 
Which  appeal  was  in  the  name  of  Kimble  G.  Hicks,  administrator  dfl 
bonis  mm  with  the  will  annexed  of  Celia  Shearman  deceased,  and 
Kimble  C.  1  licks,  junior,  by  said  Kimble  G.  1  licks,  his  father  and 
next  friend,  appellants,  against  Thomas  K.  Hicks  and  others,  appel- 
lees, in  which  appeal  were  involved  only  "the  questions  of  the  legal 
competency  of  Celia  Shearman,  a  married  lady,  to  make  an  olograph 
will;  and  if  she  had  such  competency,  whether  or  not  the  will  was 
in  legal  form;"  in  virtue  of  which  will  the  petitioner,  a  niece  of  said 
testatrix,  was  entitled  to  an  annuity  of  one  hundred  and  fifty  dollars 
for  the  petitioner's  life:  which  questions  were  both  decided  in  the 
affirmative,  and  the  decree  of  the  court  below  reversed;  and  the 
court  of  appeals  proceeded  to  render  such  judgment  as  the  court  be- 
low should  have  rendered;  in  rendering  which  an  accidental  mistake 
occurred  as  follows:  In  the  manuscript  record  sent  up  from  the 
court  below  was  contained  a  true  copy  of  tin-  said  will ;  hut  in  print- 
ing copies  of  the  record  for  the  use  of  the  counsel  and  court,  the 
printer  committed  an  error  in  punctuation,  which  wholly  changed 
the  sense  of  the  will,  and  made  so  much  thereof  as  provided  a  benefit 


PRIVILEGES,    ETC.  331 

for  petitioner  wholly  unintelligible ;  by  reason  whereof,  the  court  of 
appeals,  in  its  said  final  decree,  disregarded  thai  part  of  the  will, 
and  established  only  a  portion  of  the  paper  as  the  will  of  said  testa- 
trix; which  accidental  errorwas  not  discovered  until  after  the  ad- 
journment of  the  term  of  the  said  court  of  appeals  :  that  application 
was  made  to  the  mid  court  at  its  ne\t  term  for  a  rehearing  and  cor- 
rection of  the  error;  hut  the  said  court  were'  of  opinion  that  it  had  no 
power  to  correct  the  error,  although  manifest  upon  the  face  of  the  re- 
cord of  the  said  couil.  after  the  adjournment  of  the  term  at  which  such 

final  decree  was  rendered.    The  said  petitioner  praying  this  general 
assembly  for  relief  in  the  premises,  and  it  being  considered  anet  t 
tain  whether  the  law  as  it  now  stands,  affords  her  any  mode  of  relief 
in  the  premises:    For  remedy  whereof, 

1.  Be  it  enacted  by  the  gt  neral  assembly,  that  the  circuit  court  of  Jurisdiction  of 

i  ■-  •       i  i   •'     •    i-  /t  •     i  e'rcnil  court  of 

the  county  of  Fauquier  have  power  and  jurisdiction  (it   it   does  not  Fauquier 

already  possess  it.  which  is  thought  to  he  doubtful),  notwithstanding 
the  said  final  decree1  of  the  said  supreme  court  of  appeals,  upon  an 
original  bill  in  equity  filed  in  said  circuit  court  by  said  Celia  Ed- 
monds, making  all  persons  interested  parties,  to  hear  and  determine 
Inr  complaint  touching  the  premises,  and  grant  her  such  relief 
therein  as  it  shall  deem  just  and  equitable,  and  the  provisions  of  the 
said  will  may  entitle  her  to:  provided,  however,  that  the  right  of' 
app<  al  from  any  decree  rendered  upon  such  bill  he  reserved  ami  had 
as  in  0th(  r  cases,  and  also  thai  no  such  decree  shall  in  any  manner 
or  to  any  extent  affect,  modify  or  chance  the  said  final  decree  of  the 
said  court  of  appeals  further  or  otherwise  than  relieving  against  the 
consequences  of  the  a<  cid<  dI  or  mistake  aforesaid. 

2.  This  act  shall  be  in  force  from  its  passage.  Commcnrrmrtit 


Chap  383  —An   \<  T  fixing  the  mode  of  settlement  with  tho  Sheriff  of  the 

-"li., 

1.     Be    "    enacted    by   the    general    assembly,    that    if   James   W.SrttltmBt, 

Campbell,  late  sheriff  of  the  county  of  Jefferson,  shall  pay  into  the 
public  treasury  the   h  dance  of  revenue  due  from  (.nid  county  to  the 
commonwealth,  and  other  official  does  of  which  be  stands  chai 
for  bY  n  hundred  and  fifty-nine  juration 

of  thirty   days   after  .    the   auditor  of  public 

tO    allow    !  |      .       ;d><  11 

iu<  h  i  1  for  punctual  , 

Com 


PRIVILEGES,    ETC. 


I*  fur  the  relief  of  Thi  I  tinwid- 

County. 

PMK.d  April  ].  ; 

Commit:  I.    l'.c  ii  <  inacb -(I  by  tin-  general  assembly,  thai  the  auditor  of  pub- 

1-  .1  I'lll  1  r,.i  ,,-  1 

ho  aooounts  be  authorized  in  allow  and  pay  to  I  nomas  \\  .  Scott,  she- 
riff of  Dinwiddle  county,  the  premium  of  two  and  a  half  per  centum 
allowed  by  law  fur  prompt  payment  of  the  revenue  into  the  treasury, 
upon  any  amount  of  the  revenue  of  the  said  county  for  the  3 1  ar  1  igh- 
teen  hundred  ;m<l  fifty-nine,  paid  by  said  Scott  into  the  treasury,  for 
which  the  said  premium  has  not  been  allowed. 

di      'J.   Thu  act  shall  be  in  force  from  its  passage. 


Chap.  285.— An  ACT  for  the  relief  of  John  M.  Jones,  lati  S  Pendle- 

ton ( 'mini  V. 

i  March  96,  1861. 

Amount  1.   Be  it  enacted  l>v  tlic  general  assembly,  that  the  auditor  of 

appropriatr.l  ,  ,  •,  ,        •     ,  ,        -,•  ,  ,  • 

puMic  aoOOUntS  be  and  he   is  hereby  directed   to  issue  his  warrant  on 

the  public  treasury  in  favor  of  John  M.  Jones,  late  sheriff  of  Pendle- 
ton county,  for  one  hundred  and  seventy-throe  dollars  and  eighty-two 
cents,  on  account  of  two  and  one-half  per  cent,  commission  on  the 
revenue  of  .-aid  county  for  the  year  eighteen  hundred  and  Gfty-six, 
withheld  by  the  auditor  of  public  accounts  for  the  failure  of  the  said 
Bheriff  to  pay  his  said  revenue  within  the  time  prescribed  by  law. 

eneemeal        2.    This  act  shall  be  in  force  from  its  pa&BS 


Chap.  286.— An  ACT  for  the  relief  of  If.  C.  Hall,  late  Sheriff  of  Lewis 
I  j ,  and  liis  Securities. 

Pi       .i    M   ri  b  5,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  judgment  ren- 
dered by  the  circuit  conn  of  Richmond  city,  for  the  benefit  of  the 
commonwealth,  again  t  Minor  c.  Ball,  late  sin  rid'  of  Lewis  county, 

and  bis  sureties,  on  the  twelfth  day  of  dune  eighteen  hundred  and 
fifty-eight,  for  live  hundred  and  >e\  eiity-six  dollars  and  twenty-one 
cents,  and  for  damages  and  costs,  he  and  the  same  is  hereby  released, 
the  Bame  having  been  improperly  entered. 

judgment, ho«  :-'•  And  be  it  farther  enacted,  that  the  auditor  of  public  accounts 
be  and  he  ie  hereby  authorized  and  directed  to  adjust  and  settle  ano- 
ther judgment  of  the  commonwealth  against  the  same  parties,  for 

tWO  hundred  and  forty-eight  dollars  and  forty-nine  cents,  in  the  ,-auic 


PRIVILEGES,    ETC.  338 

manner  that  the  same  should  be  settled  if  BUch  judgment  had  not 
been  rendered;  and  thai  he  allow  any  credits  paid  by  said  parties, 
which  were  nol  allowed  upon  Hie  claim  before  such  judgment. 

3.    This  act  shall  be  in  force  from  it.s  passage.  Coin 


Chap.  287. —  An  \t  T  refunding  to  Moses  G.  Booth,  damage     p  id  by  him 
nety  of  Samuel  8.  Turner,  late  Sheriff  of  Franklin  County. 

A  March  19,  1861. 

1.  Be  it  enacted  by  the  general  assembly,  that  Moses  G.  Booth,  Security 
security  of  Samuel  S.  Turner,  late  sheriff  of  Franklin  county,  in 
hereby  released  from  the  payment  of  the  damages  on  judgment  in 

favor  ol    till    I   immonwealth   against  him  as  such  security,  rendered 

by  the  circuit  court  of  th<-  city  of  Richmond.      But  the  said  security  CondiUoni 

shall  1 1 •  •  t  have  the  benefit  of  this  act,  unless  he  nay  into  the  treasury, 

within  sixty  days  from  th  hereof,  all  that  remains  unpaid  of 

the  principal,  interest,  COSte  and  actual  expenses  of  collection  of  said 

judgment,  and  all  other  dues  to  the  commonwealth,  for  which  said 

ity  may  be  liable  :  provided,  that  this  act  shall  not  be  construed  Sheriff  not 
lid   Samuel    S.   Turner,  late,  sheriff  of   Franklin. 
county,  from  the  payment  of  any  damages  adjudged  against  him. 

2.  This  act  shall  he.  in  force  from  its  passage.  Commcncm-n: 


James   B    Courtney 
of  AN  eland  i  lounty. 

1.    Be  j  dbythej  *erobly,  that  the  auditor  of  pub 

i  reby  authorized  and  din  rani  on  da 

ry  of  the  commonwealth,  to  1"'  paid  out  of  any  money  in 
the  tp  asury  not  appropriated,  in  favor  of  Jol 

John  ('rite  her.  f. »r  the  damages  by  them  paid  into  the  treasury  of  the 

te  sheriff  of  \v 
county,  after  d<  the  actual  •  lleottaii 

Bui  tl  ill  not  have  the  benefit  of  this  act,  ml 

within  sixty  dayi  from  th  \  into  th< 

all  tl  it  the  principal  unpaid,  interest,  dams 

th,  for  which  tl  ■ 
liable  :  p  Sfctrur  ■* 


334 


PRIVILEl 


(    ll\i 


-Aii  Af'T  f<»r  tin-  -  S  of  Thomas  K.   I 

lal  i  \\  ,,'.i:mi  County. 


damages 


Condition!! 


I.    Be  it  en  oted  by  the  genera]  assembly,  ilia-  eties  of 

Thomas  K.  Davis,  late  sheriff  of  Prince  William  county,  for  the 
yean  eighteen  hundred  and  fifty-seven  and  eighteen  hundred  and 
fifty-tight,  are  hereby  released  from  the  payment  of  the  di 
judgments  in  favor  of  the  commonwealth  against 
rendered  by  the  circuit  court  of  the  city  of  Richmond.  But  the 
sureties  shall  net  have  the  benefit  of  this  act,  unless  they  pay  into  the 
treasury,  on  or  before  the  first  day  of  December  eighteen  hundred 
and  su  tj  -one,  or  woner,  if  n  quired  by  the  auditor  of  public  accounts, 
all  that  remains  unpaid  of  the  principal,  interest,  cost  and  actual 
expenses  id"  collection  of  said  judgments:  provided,  that  this  act 

shall  mil  lie  construed  as  in  any  way  releasing  the  said  Thomas  K. 
Davis,  late  sheriff  of  Prince  William  county,  from  the  payment  of 
any  damages  adjudged  against  him. 

Commencement      2.    This  act  shall  he  in  force  from  its  passage. 


Sheriff  not 

■ 


Sureties 
released  from 
damages 


Conditions 


Sheriff  nut 

released 


Chap.  290.— An  ACT  for  the  relief  the  Securities  of  Eugenius  Tibbs,  late 
•Sheriff  of  the  County  of  Kin  I 

Tasscd  llarch  i:t.  186L 

1.  Beit  enacted  by  the  general  assembly,  that  the  securities  of 
Eugenius  Tibbs,  late  sheriff  of  Ritchie  county,  are  hereby  reli 

from  the  payment  of  the  damages  on  the  judgment  in  favor  of  the 
commonwealth  against  them  as  Bucb  Beouriti<  i,  heretofore  rendered 

by  the  circuit  court  of  the  city  <T  Richmond.  But  the  .-aid  securi- 
ties shall  not  have  the  benefit  of  this  act,  unless  they  pay  into  the 
treasury,  within  sixty  days  froi  I  the  passage  of  this  act.  all  that  re- 
mains of  the  principal,  inter.  and  actual  cxpen  <  f  collec- 
tion of  said  judgment,  and  all  other  dues  t:>  the  commonwealth  for 
which  said  securities  are  liabl  led,  that  this  act  shall  not  In 
construed  as  releasing  the  said  Tibbs,  late  sheriff  of  Ritchie  county, 
from  the  payment  of  any  damages  adjudged  against  him. 


Commencement      2.    This  act  shall  lie  in  force  from  its  pa 


Securities) 
released  from 
damages 


CHAP.  291. — An  ACT  for  the  relit  f  of  the  Becuriti  Browning,  lato 

Sheriff  of  Logan  ( lounty. 

Tassed  March  18,  186L 

1.   Be  it  enacted  by  the  general  assembly,  that  the  securities  of 
Reese    Crowning,   late  sheriff  of  Logan  county,   be  and  they  arc 


1'KIVILEGES,    ETC.  335 

hereby  released  from  the  payment  of  the  damages  recovered  against 
said  Browning  and  his  securities,  by  judgments  of  the  circuit  court 
of  Richmond  city  in  favor  of  the  commonwealth:  provided,  however, 
that  they  pay  or  cause  to  be  paid  into  the  treasury  of  the  state  what- 
ever balances  an'  doe  to  tin-  eti .;«•  from  said  Browning  as  sheriff  m 
aforesaid,  within  ninety  days  from  the  passage  of  this  act.  Nothing  Condition* 
herein  contained  Bhall  be  bo  construed  as  to  release  the  said  securities 
from  the  payment  of  expenses  incurred  by  the  commonwealth  in  ob- 
taining said  judgments,  or  to  release  said  Browning  from  the  pay- 
ment of  the  whole  amount  of  said  damages. 

'J.     ThU  act   Bhall  he  ill  force  from  its  passage.  Commencement 


Chap.  2'.)2.— An  ACT  for  the  relief  of  the  Sureties  of  Robert  Chambers, 
Sheriff  of  Boone  County. 

Passed  March  IS,  1861. 

1.  Beit  enacted  by  the  general  assembly,  that  the  securities  of  Sernriti*s 
Robert  Chambers,  late  sheriff  of  Boone  county,  be  and  they  arc,.. 
hereby  released  from  the  payment  of  any  damages  obtained  against 
them  or  the  said  Chambers,  late  sheriff  as  aforesaid,  in  the  circuit 
court  of  Richmond  city,  by  reason  of  the  failure  of  said  Chambers, 
sheriff  as  aforesaid,  to  pay  into  the  treasury  of  the  state,  portions  of 
tbe  revenue  of  said  county  for  the  year  eighteen  hundred  ami  fifty- 
eight,  in  the  time  prescribed  by  law.  The  amount  of  damages  thus 
released  to  be  lessened  by  any  expenses  paid  by  the  state  in  prose- 
cuting or  collecting  the  claim  or /claims  of  the  state  against  said  seen- 
or  said  sheriff:  provided,  that  any  balance  due  from  said  sheriff 
rhall  be  paid  into  the  tn  asury  within  sixty  days  from  the  passage  of 
this  act. 

act  shall  be  in  force  from  it-  passage.  Commencement 


CHAP.  393. — An  ACT  rpfundinp  to  the  Securities  of  Willinm  TI.  I'.lanrh, 
late   Sheriff  of  .    .:    Mecklenburg,  certain  damages   ] »ai- . 

them. 

1.     1'  by   the    ;'•  ■'  mhly.   that    tin    auditor  ofrj 

puhh'  be  and  i-  hereby  authorized  to  refund  to  tbe  eeuifi- 

I  William  H.  Blanch,  late  sheriff  of  Mecklenburg  county,  the 
:  t-  in  favor  of  onwealth  against  them 

as  si;.  n  d  by  th<  irt  of  th,  ,  ],. 

niond   for  hundred   and  fifty-nine  and  eighteen 


336  PRTVILEQB8,    BTC. 

hundred  and  sixty.  I>ut  the  sai.l  securities  shall  not  have  the  benefit 
of  this  act,  unless  within  sixty  days  from  the  passage  hereof,  they 
pay  into  the  treasury  all  that  remains  unpaid  of  the  principal,  inte- 
rest, ooata  and  damages  and  actual  expenses  of  collection  of  said 
judgmental' and  all  other  does  to  the  commonwealth,  for  which  said 
Bhertffnoi  securities  :irc  liable:  provided,  that  this  act  shall  not  be  construed 
ing  the  said  William  II.  Blanch,  late  Bheriff  of  Mecklen* 
burg  county,  from  the  payment  of  any  damages  adjudged  against 
him. 

Commencement       2.    Tbia  act  shall  be  in  force  from  its  ] 


Chap.  294.— An  ACT  for  the  relief  of  the  Securities  of  Joshua  H 
deceased,  late  Sheriff  of  the  County  of  Jackson. 

■  I  March  1,  18G1. 

Mode  of  1.    Be  it  enacted  by  the  general  assembly,  that  the  auditor  <»f 

public  .accounts  is  hereby  directed,  in  his  settlement  with  the  secu- 
rities of  Joshua  II.  Staats  deceased,  late  sheriff  of  the  county  of 
Jackson,  to  remit  to  said  securities  all  damages  adjudged  against 
them  as  such,  deducting  therefrom  the  costs  and  actual  expenses  of 
collection. 

Commencement       2.    This  act  shall  be  ill  force  from  its  passage. 


Chap.  295. — An  A.CT  authorizing  the  payment  of  Forfeited  Commissions 
and  Damages  to  the  Executor  of  Charles  Bolden  deceased,  late  Sheriff  of 

the  County  of  Harrison. 

Pi      >i  January  £3,  L86L 

Commi  1.    Be    it    enacted    by    the    general   assembly,    that   the   auditor  of 

be  refunded  *  °    public  accounts  he  and  is  hereby  directed  to  issue  his  warrant  on  the 

treasury,  payable  '"it  of  any  money  therein  not  otherwise  appro- 
priated, in  favor  of  Cruger  W.  Smith,  executor  of  Charles  llolden 
deceased,  late  Bheriff  of  Harrison  county,  for  the  amount  of  forfeited 
Commissions   for   failure  to   pay  promptly  the   taxes   assessed   in   the 

county  of  Harrison,  in  the  years  eighteen  hundred  and  fifty-eight, 

eighteen  hundred  and  fifty-nine  and  eighteen  hundred  and  sixty,  and 
for  the  amount  of  damages  recovered  in  the  year  eighteen  hundred 
and  hMv  by  the  commonwealth  against  the  said  Charles  llolden  and 
his  sureties,  which  have  been  paid,  less  the  costs  and  actual  expenses 
of  collection  of  said,  judgments. 

Commencement      2.    This  act  shall  he  in  force  from  its  passage. 


• 


RESOLUTIONS. 


No.  1. — Resolutions  upon  the  subject  of  the  Coercion  of  a  State. 

Adopted  January  fi,  1861. 

1.  Resolved  by  the  general  assembly  of  Virginia,  that  the  Union  Hnwuniom 
being  formed  by  the  assent  (if  the  sovereign  states  respectively,  and 

being  consistent  only  with  freedom  and  the  republican  institutions 
guaranteed  to  each,  cannot  and  ought  not  to  be  maintained  by  force, 

2.  That  the  government  of  the  Union  has  no  power  to  declare  or  No  power  »o 
make  war  against  any  of  the  states  which  have  been  its  constituent  wav 
members. 

:'..  Resolved,  that  when  anyone  or  more  of  the  states  has  deter-  Btetewffl  retiSI 
mined,  or  shall  determine,  under  existing  circumstances,  to  withdraw 
from  the  Union,  we  are  unalterably  opposed  to  any  attempt  on  the 
part  of  the  federal  government  to  coerce  the  same  into  reunion  or 
submission,  and  that  we  will  resist  the  same  by  all  the  means  in  our 
power. 


No.  2. — Joint  Resolution  concerning  the,  position  of  Virginia  in  the  event  of 
tli"  Dissolution  of  the  Union. 

Adopted  January  21,  18G1. 

Ived  by  the  general  assembly  of  Virginia,  that  if  all  efforts  to  i' 

cile  the  unhappy  differences  existing  betweea  tl  ■  rai 

of  the  enuiitrv  shall  prove  to  be  abortive,  then,  in  the  opinion  of  the 

embly,  ev<  rj  consideration  of  honoi  and  interest  demands 

lis  shall  unite  her  destiny  with  the  ilaveholding  stab  -  of 

nth. 


■n«  invito   • 

j.urt  of  Virginia,  and   providing   for   tho 
apr«>ii)tni 

Adopts  jMiavy  P.    • 

WhereSM  it   i«  the  deliberate  opinion  of  the   peneral  assemblv  of  rrranbW 
Virginia,  that  unless  the  unhappy  «ontrovrr«>y.  which  now  di\ 
22 


999  RESOLUTION-. 

the  states  of  this  confederacy,  shall  be  s:it  i^faitorily  adjusted,  a  pcr- 
■Mnent  dissolution  of  the  Union  is  inevitable;  and  the  general  as- 
sembly, representing  the  wishes  of  the  people  of  the  commonwealth, 
i«  desirous  of  i-nij)l»i\  ill-:  every,  reasonable  mean.-  t>>  avert  bo  dire  ■ 
calamity,  ami  determined  to  make  ■  final  effort  to  restore  the  Union 
and  the  constitution,  in  the  spirit  in  which  they  were  established  by 

the  Esthers  of  tin-  republic  :    Therefore, 

!„>,!,!, on  1.   KoHohod,  that  on  behalf  of  the  commonwealth  of  Virginia,  an 

.,'.*  invitation  is  herein  extended  to  all  Booh  states,  whether  slaTeholding 
or  non-slaveholding.  as  are  wDling  to  unite  with  Virginia  in  an  ear- 
nest eiTort  to  adjust  the  present  unhappy  controversies,  in  the  spirit 
in  which  the  constitution  was  originally  tunned,  and  consistently  with 
it-  principles,  so  as  to  afford  to  the  people  of  the  slaveholding  si 
adequate  guarantees  fur  the  security  of  their  rights,  to  appoint  com- 
nUSaioaerS  to  meet  on  the  fourth  day  of  February  next,  in  the  city 
of  Washington,  similar  commissioners  appointed  by  Virginia,  to 
consider,  and  if  practicable,  agree  upon  some  suitable  adjustment. 

Oomnjis^ioDcrs        2.    Resolved,  that   Ex-president  John   Tyler,  William   C.   Kives, 
mppoini<ni  Judge  John  W.   Hrockenbrough,  GrOOrge   W.  Summers  and  James 

A.  Seddon  are  hereby  appointed  commissioners,  whose  duty  it  shall 
be  to  repair  to  the  city  of  Washington,  on  the  day  designated  in  the 
foregoing  resolution,  to  meet  such  commissioners  as  may  he  appointed 
by  any  of  the  said  states,  in  accordance  with  the  foregoing  resolution. 

Amendment*  to       3.    Resolved,  that  if  said  commissioners,  after  full  and  free  eonfer- 
oon£T06ittc       enee,  shall  agree  upon  any  plan  of  adjustment  requiring  amendments 

of  the   federal   constitution,  for  the  further  security  of  the  rights  of 

the  people  of  the  slaveholding  states,  tiny  he  requested  to  communi- 
cate the  proposed  amendments  to  congress,  for  the  purpose  of  having 
tin-  same  submitted  by  that  body,  according  to  the  forms  of  the  con- 
stitution, to  the  several  states  for  ratification. 

CominunioncTH        4.    Resolved,  that  if  said  commissioners  cannot  agree  on  such  ad 
tbHr'pTo^'od1'''  j"Htment,  or  if  agreeing,  congress  shall  refuse  to  submit  for  ratifica- 
*°t'"  tion  such  amendments  as  may  be  proposed,  then   the  commissioner! 

of  this  state  shall  immediately  communicate  the  result  to  the  execu- 
tive of  this  commonwealth,  to  be  by  him  laid  before  the  convention 

of  the  people  Of  Virginia  and  the  general  assembly  :  provided,  that 
the  said  commissioners  be  subject  at  all  times  to  the  control  of  the 
general  assembly,  or  if  in  session,  to  that  of  the  state  convention. 

Crittenden's  5.    Resolved,  that  in  the  opinion  of  the  general  assembly  of  Vir- 

•n><>odn>ont  gjuja,  the  propositions  embraced  in  the  resolutions  presented  to  the 
senate  of  the  United  States  by  the  lion.  John  J.  Crittenden,  so  mo- 
dilicd  as  that  the  first  article  proposed  as  an  amendment  to  the  con- 
stitution of  the  United  States  shall  apply  to  all  the  territory  of  the 


RESOLUTIONS.  V49 

United  Slates  now  held  or  hereafter  acquired  south  of  latitude  thirty- 
8ix  degrees  and  thirty  annates,  and  provide  that  slavery  of  the  Afri- 
can race  shall  he  effectually  protected  as  property  therein  during  the 
continuance  of  the  territorial  government,  and  the  fourth  article 
shall  secure  to  the  owners  of  slaves  the  right  of  transit  with  their 
slaves  between  and  through  the  OOn-slaveholdiog  states  and  territo- 
ries, constitute  the  hasis  of  such  an  adjustment  of  the  unhappy  con- 
troversy which  now  divides  the  state-  of  this  confederacy,  as  would 
be  accepted  by  the  people  of  this  commonwealth. 

G.    Resolved,  that   E\-president  John    Tyler  is   hereby  appointed  OotmbIm 
by  the  concurrent   vote  of  each  branch  of  the  general   assembly,  a  tVb'V 
commissioner  to  the  president  of  the  United  States,  and  Judge  JohnBtato* 
Robertson  is  hereby  appointed,  by  a  like  vote,  a  commissioner  to  the 
State  of  Smith  Carolina,  and  the  other  states  that  have  seceded,  or 
shall  seeede.  with   instructions  respectfully  to  request  the  president 
of  the   United    States  and   the  authorities  of  such  states  to  agree  to 
abstain,  pending  the  proceedings  contemplated  by  the  action  of  this 
general  assembly,  from  any  and  all  acts  calculated  to  produce  a  col- 
lision of  arms  between  the  states  and  the  government  of  the  United 
Stat' 

7.    Resolved,  that  copies  of  the  foregoing  resolutions  be  forthwith  Governor  to 
telegraphed    to   the  executives  of  the   several    states,  and   also   to   the  ml^raenTikc 
president  of  the  United   States,  and   that  the  governor  be  requested 
to  inform,  without  delay,  the  commissioners  of  their  appointment  by 
the  foregoing  resolutions. 


datum   in  rpr-nrd   to  the   movement   of  Troops  nnd  Arms 
wi tli in  the  limits  of  tins  Com mon wealth,  by  the  General  Governi 

A'l.  pi..]   April  ],  1861. 

Whereat  the  people  of  Virginia,  in  convention  assembled,  are  now  i>- 
deliberating  at  to  their  future  relations  with  the  government  at  \V\ 

I'    I      and  the  non-slaveholding  states  of  the  confederacy, 

known    M    the    Uoited    Stat.-   of  North    America:    And  w  h.  r.   i-    the 

general  ooseiabry  of  Virginia  (at  present  sitting),  and  the  goTcroat 

of  this  commonwealth  have  declared  their  opposition  to  the  .  \.  | 
of  for  ,,,,]    to   th. 

zation  in.  or  the  marching  shfOOgh  MM  territory  of  militar- 

'or  that  |.  imd  whew  as,  in  the  present  unsettled  condi- 

tmn  of  our  int.  i  i  federal  relation*,  it  is  th<  litigation 

of  duty  on  all  public  functionaries   to  watch  vigilantly,  and   pref—l 
or  th-.' 

orthot-eii  sappeeed  to  sympathise  with  them  i  And  whereas! 

it  ha-  lis  tans  bb  number 


.'{40 


RESOLUTIONS. 


of  heavy  guns  manufactured  at  BeDona  foundry  near  tlie  capital  of 
Virginia,  bnder  an  order  of  1 1 1 « -  ordnanoe  department  at  Washington, 
I>.  c.  bare  been  ordered  to  Fortran  Monroe,  where  they  can  only 
be  needed  for  the  purpose  of  intimidation  and  menace  to  Virginia  at 
present,  and  of  actual  hostilities  in  a  certain  contingency  that  may 
change  lier  future  relations  to  the  federal  government,  and  the  anti- 
slavery  sentiment  it  represents: 

,  to  1.  Be  it  resolved  by  the  general  assembly,  thai  the  governor  of 

wtoa and Mtim  ^^  C(mnn<imvcaltli  he  authorized  and  lie  is  hereby  directed,  in  case 
of  the  actual  attempt  of  the  federal  authorities  to  transport  said  gang 
over  the  soil  of  Virginia,  to  seize  and  detain  said  irons  for  the  nse  of 
this  commonwealth ;  and  to  that  end  to  order  out  the  Publio  Guard 
to  arrest  tin-  contemplated  removal  of  the  guns  beyond  the  reach  and 
control  of  the  government  of  this  state. 


■   n  a? lo 


2.  Resolvi  d  further,  that  the  governor  be  and  lie  is  hereby  autho- 
rized ami  required',  out  of  the  money  appropriated  for  the  purchase  of 
arms,  at  the  present  session  of  the  general  assembly,  by  an  act  passed 

on  the  twenty-ninth  day  of  January  eighteen  hundred  and  sixty-one. 
entitled  an  act  appropriating  one  million  of  dollars  for  the  defence  of 
the  commonwealth,  to  pay  to  Dr.  Junius  I,.  Archer  tin-  amount  due 
him,  viz  :  seven  thousand  eight  hundred  and  seventy-two  dollars  and 
forty-seven  cents,  on  his  contract  for  the  manufacture  of  said  guns, 
and  to  the  government  at  Washington  the  sum  of  thirteen  thousand 
and  twenty- four  dollars,  which  said  government  has  paid  to  said 
Archer  On  accounted'  his  said  contract:  and  the  governor  shall  re- 
quire the  superintendent  of  the  armory  at  Richmond  to  take  posses- 
sion of  said  guns,  and  deposit  them  therein  lor  sale  Keeping. 


Diner,  pnnry 
oorrt-rt.  d 


Nu  r, — Resolution  for  the  correction  of  a  discrepancy  between  the  hody 
and  title  of  jui  act  incorporating  the  Petersburg  Savings  and  Insurance 
Company. 

AdopUd  March  11,  ie61. 

I.  T.e  it  resolved  by  the  general  assembly  Of  Virginia,  that,  wher- 
ever discrepancy  occurs  between  the  body  and  title  of  an  act  incorpo- 
rating the  Petersburg  savings  and  insurance  company,  passed  March 
sixteenth,  eighteen  hundred  and  sixty,  the  same  is  ordered  to  be  cor- 
rected by  the  committees  on  enrolled  bills,  so  as  to  make  the  name 
of  the  said  company  in  the  body  of  the  act  conform  to  the  title  of 
the  same. 


ActH.&c  valid  2.  And  be  it  further  resolved,  that  all  acts  and  contracts  made 
and  entered  into  by  the  said  company  be  and  are  hereby  declared  to 
be  as  valid  and  binding  upon  the  said  company  and  between  the  said 


RESOLUTIONS.  341 

company  and  other  parties,  as  if  the  same,  had  hcen  entered  into 
under  the  name  aud  style  of  the  Petersburg  Boutln-rn  insurance 
company. 


No.  6. — Resolution  authorising  pay  to  Commissioners  appointed  to  audit 
and  pay  expenses  incurred  by  the  [nvaaion  at  Harpers  Kerry,  for  sen 
n  nderi  d  by  them. 

Adopted  April   t. 

Resolved   by   the    general    assembly,    that    the   auditor   of    public  amount 

"  appi 

accounts  shall  be  and  he  iH  hereby  authorized  to  pay  out  ol  the 
appropriation  heretofore  made,  for  the   expenses  incurred  by  the 

invasion  of  the  slate  at  Harpers  Ferry,  the  sum  of  two  hundred  and 
fifty  dollars  to  each  of  the  commissioners  appointed  to  audit  and 
nettle  claims  for  said  expenses,  as  compensation  for  their  services. 


1  — Resolution  to  grant  to  Angus  W.  McDonald  exclusive  right  of 
publishing  <•■  rtain  Manuscripts  obtained  by  him  from  England. 

Adopted  March  OS,  1861. 

Ived  by  the  general  assembly  of  Virginia,  that  Colonel  Angus  Bxclurivc 
\V.  McDoni  Id  shall  have  the  exclusive  right  and  privilege  of  print-  A 
tag  and  publishing  such  portion  of  the  manuscripts  obtained  by  him 
from  England,  and   mentioned   in  his  report   to  the  governor  of  this 
commonwealth,  of  date  the  third  day  of  February  eighteen  hundred 

and   sixty-one,    and   communicated   hy   the  governor   to   this   general 

bly,  as  he  may  deem   proper:   hut  this  resolution  may  be 
ided,  and  the  authority  hereby  given  revoked,  at  the  pleasure 
of  the  general  assembly. 


—Joint  Resolution  for  the  relief  of  tl 
and  ' 

Adoptod  April  1 

Whereas  the  pre*  I  «  mbarrass-  ivpambk 

Blent  to  tl  tad   <  >hlO   rail    read,  that 

will  pi  F  not    all  of  them  from  executing  their  coiitr 

Ami  whereas  the  failure  on  the  | 
tin  ir  work   w  i 

barrasHM 
mplat4  d  by  eit*M  r  of   tl 
• 


342  RESOLUTIONS. 

Amount  bob-  Be  it  resolved  by  the  general  assembly,  that  in  consideration  of  the 
paid  embarrassments,  the  Board  of  public  works,  in  its  character  as 
the  Covington  and  Ohio  rail  road  company,  be  and  arc  hereby  au- 
thorized to  increase  the  prices  of  the  aforesaid  contractors,  for  all 
work  to  be  dime  prior  to  the  first  day  of  January  eighteen  hundred 
ami  sixty-two,  and  subsequent  to  the  passage  of  this  resolution,  to 
such  extent  as  the  said  board  shall  consider  just  and  equitable: 

oes  provided,  however,  that  sncli  increase  upon  the  said  work  to  any  con- 

tractor shall  not  exceed  ten  per  cent,  upon  the  amount  payable  there- 
for at  the  contract  juices:  and  provided  also,  that  the  said  increase 
shall  constitute  a  part  of,  and  be  paid  out  of  existing  appropriations 
to  the  Covington  and  Ohio  rail  road. 


No.  9. — Joint  Resolution  relative  to  the  Sale  of  Muskets. 

Adopted  April  4,  1861. 

Duty  of  Resolved  by  the  general  assembly,  that  the  attorney  general  be  and 

he  is  hereby  instructed  to  enquire  into  the  authority  under  which  the 
A?  to  contract  contract  was  made  with  Joseph  R.  Anderson  &  Co.  for  the  sale  of 
densou  «.  Co  arms,  on  the  twenty-third  day  of  August,  eighteen  hundred  ami  sixty. 
and  the  validity  thereof;  and  that  he  report  to  the  general  assembly. 
at  the  next  session,  and  to  the  governor  as  soon  as  practicable;  and 
if  such  opinion  shall  be  against  the  authority  to  have  made  such  con- 
tract, the  governor  shall  not  make  any  further  or  other  delivery  of 
the  arms  to  said  Anderson. 


No.  10. — Resolutions  in  relation  to  a  Line  of  .Steamers. 
Adopted  March  30,  1861. 

Preamble  Whereas  the  general  assembly  of  Virginia  has  lAarned  with  great 

satisfaction,  interest  and  solicitude!,  that  M.  Pcriere  &  Brothers, 
bankers  of  Paris,  France,  have  in  contemplation  the  establishment 
of  a  line  of  first  class  steamers  between  Paris,  Prance,  and  some  port 
in  the  United  States:  And  whereas  the  government  of  France  has 
agreed  to  subsidize  the  proposed  line  by  the  sum  of  nine  hundred 
thousand  dollars  per  annum,  thereby  manifesting  its  interest  in  the 
success  of  the  same :  And  whereas  the  commercial  independence 
and  proper  development  of  the  resources  of  Virginia  and  of  her 
sister  southern  states,  especially  North  Carolina,  Tennessee,  Missis- 
sippi, Kentucky  and  Maryland,  who  have  at  the  cost  of  millions, 
perfected  systems  of  railway  and  canal  connecting  those  states,  the 


RESOLUTIONS.  34* 

valley  of  the  Ohio  and  the  Mississippi  with  the  Chesapeake,  are 
materially  dependent  upon  direct  trade  :  Therefore, 

1.  Resolved  as  the  sense  of  the  general  assembly  of  Virginia,  Duty  of  etute 
that  it  is  the  duty  of  this  state,  as  we  believe  will  likewise  appear  to 

be  the  duty  of  tar  sister  states  herein  before  referred  to,  to  welcome 
and  encourage  M.  Periere  &  brothers  with  their  proposed  line  of 
steamers  to  the  waters  of  Virginia. 

2.  That  it  behooves  onr  internal   improvement    companies  and  int. mrJ  .m 
cities  of  Virginia  to  employ  their  best  efforts  jointly  in  securing  tin;  paales  and  citlei 
line  of  steamers  at  Norfolk,  or  some  other  terminal  point  in  the 

waters  of  the  Chesapeake. 

3.  That  these  resolutions  shall  be  sent  to  the  respective  legisla-  u<«nintioni 

to   UC  BCttt 

tares  of  North  Carolina,  Tennessee,  Kentucky,  Mississippi  and  Man- 
land,  asking  their  respective  consideration  of  the  same,  and  also  to 
the  house  of  M.  Periere  &  Brothers,  bankers,  Paris,  France. 


No.  11. — Joint  Resolution  concerning  Delinquent  Taxes  of  the  year  1860. 
Adopted  March  11, 1861. 

"Whereas  it  is  apparent  to  the  general  assembly,  that  it  is  difficult,  rrambie 
even  with  the  0M  of  all  doe  diligence,  to  meet  the  requirement 
the  law  as  to  the  payment  of  the  revenue  into  the  treasury;  and  with 
the  view  only  of  affording  the  relief  which  seems  to  be  justified  by 
the  present  extraordinary  occasion  : 

l:     n]ved  by  the  general  assembly,  that  the  sheriffs  of  this  OOm- Beveim*,  whta 
monwcalth  who  pay  all  the  revenue  now  due  for  the  assessments  of 
revenue  of  eighteen  hundred  and  sixty,  and  that  portion  to  become 

due  the  fifteenth  of  the  present  month.  Iiy  the  first  of  April  next,  shall 

ln>  entitled  to  be  allowed  full  commissions  of  five  per  cent,  by  the 
auditor  of  public  accounts :   provided,  that  interest  shall  be  ohai 

on  that  part  of  the  revenue  due  the  fifteenth  of  December  last  until 
paid.  In  any  settlement  with  sheriffs  against  whom  judgment!  have  tinman*,  how 
1..  en  rend,  n  d  for  the  taxes  of  eighteen  hundred  and  sixty,  the  Mid 
auditor  shall  remit  all  damages,  except  so  much  only  a-  may  be  n< 
cessary  to  pay  expenses  of  the  collection  of  said  judgments:  pro- 
vided, that  Mid  ':i  ..I  prior  to  the  first  day  of  April  in  xt. 
Sheriffs  slmll   have  the  number  of  days  now  allowed  them  for  tra\el 

in-,  after  the  fast  of  April,  t<t  make  such  payment. 


344  RESOLUTIONS. 


No.  12. — Resolution  authorizing  the  Governor  to  employ  the  Convicts  iu  the 
Penitentiary  in  Improving  its  Buildii 

Adopted  April  4,  1861. 

Ooaviru,  how       Resolved  by  tli o  general  assembly,  thai  the  governor  be  and  he  is 

to  be  employed  ,  ,      .      _         _  _.  .  .' 

«n  i.uUdingB  hereby  authorized  and  directed  to  cause  the  inmates  "I  the  peniten- 
tiary to  lie  employed  in  improving  the  penitentiary  buildings,  by  en- 
largement or  otherwise,  so  far  as  the  same  can  be  done  consistently 
with  the  manufacturing  interest  of  the  institution ;  and  thai  the  go< 
vernor  also  ho  requested  to  apply  the  proceeds  of  the  labor  of  con- 
victs to  aid  in  conducting  operations  of  the  penitentiary. 


SEPARATE  ELECTION  PRECINCTS. 


Accomack — Conrt-houae;  Chingoteague;  Now  Church;  Corbin  ami  Fletcher's;  Mapp's; 
Guilford;  News  town;  Onancock;  Pungoteague. 

Albemarle. — Court-house;  Lindsay's  Turnout;  Kvcrettsvillc  J  Stony  Point;  Karleysville; 
Blackwell's;  Free  Union;  Whitehall;  Woodville;  Batesville;  Hillsborough;  Crossroads; 
Covcavillc;  Porter's;  Warren ;  Wingfield's ;  Milton;  Scottsville;  Monticello  House ;  How- 

ardsville. 

Alexandria — Five  districts — identical  with  magisterial  districts. 

Alleghany — Court-house;  Roberl  Skeen's  Hotel;  John  O.  Taylor's;  George  Stall's; 
Clifton  Forge;  Jabcz  Johnston's;  Griffith's  Mill;  Fork  Kun. 

Amelia — At  the  same  place  as  magisterial  elections. 

Amherst — New  Glasgow;  New  Hope;  Oronoco ;  Chestnut  Grove;  Folly;  Temperance; 
Pedlar  Mills  ;  Elon ;  Court-house ;  Buffalo  Springs. 

Appomattox — Court-house;  Union  Academy;  Wesley  Chapel;  Hamner's;  Spout  Spring; 
Oakvillc. 

Augusta — Court-house;  Waynesborough ;  Middle  brook  ;  Spring  Hill;  Mt.  Meridian; 
Gltt  in  sville;  Distxicl  No.  2,  Staunton;  Mt.  Sidney;  Stuart's  Draft :  Fishersville ;  Church- 
ville;  New  Hope;  Craigsrille;  Deerfield;  Mt.  Solon;  Swoop's  Mill;  Midway;  Newport. 

Barbour — Court-house;  Burner's;  Nutter's;  Bartletf.- ;  Mitchell's;  Xeager's;  Glady 
Crock;  Holtsberry's  ;  Coal  Precinct. 

Both — Court-house ;  Cedar  Creek;  Hamilton's;  Cleek's  Mill;  Williamsville ;  Milton; 
Green  Valley. 

Berkeley — Court-house;  Billingre's  Hotel;   Mill  Creek;   Hedges ville;   Falling   V. 
Bobinson's  Mill ;  Gerrardstown;  Oak  Grove;  Glen  Spring;  Crossroads. 

Boone — Court-house;  Adkins'on  Mud  river;  Adkins'  on  Big  Coal;  Lawreffl 
Laurel's;  Thompson's  Mill;  Miller's. 

l',nirU)urt— Court-houa  ;   Mountain  Union;    I  banan;   Bodkj  Point  Mill*; 

Jackson ;  Junction  Store;  Dibrell's  8pring;  Amsterdam. 

Brajton — Court-house;  Triplett's;   Bilney'      Cool's;  John  I  fence; 

Christian  Moda's  foi    •    !.•        ace;  Harmond's  Mill ;  Cunninghai  ■  rry  ;  Stone* 

Brooke— 
Brvn 

Buckingham— Court  !  rdsville;   Allen's 


346  SEPARATE    ELECTION    PRECINCTS. 

Cabell — Court-hnus<  ;  (in  yaadotte  ;  Liii.ll.v's   Si<m  ■ ;    Bpnrlock'a;    Doolittlc's  Mill;  Bar- 
rett's V  "  rv.U  of  GayiAdotto;  Kfllgore'a  Precinct;  Peter  Buffiugton's. 

Campbell — Places  the  6amc  a<  fin  magisterial  elections. 

Caroline — Court-house;    Reedy  Clmreh ;    Oakley's;    Needwood;   Sparta;   Pitts';   Port 
Royal;  Sycamore;  Golanavflle ;  Madison's. 

Carroll — ( !onrt-houae ;  Polly  Qaesenberry's ;  Thomas  Qneaenberry'a;  Laurel  Fork;  Kin- 
■  i ■  ••  - :   Baster'a;  Newman's;  Sulphur  Springs ;  Richard  Haynea' j  Nathaniel  Haynea*. 

Cktaia  Citg — Court-house;  Delarue's  ;  Ladd's;    Waddell'a;  Apperson's;  Vaiden's. 

Charlotte — Conrt-honae;  Keysville;  Smith's  Tavern;   Clement's;   Wyliesbnrg;   Roby's 
Shop;  Hawrey's  Store ;  Matthews  d  Smith's  Store. 

Ckesterfima — Conri-honae;    Britton's   Shop;   Shell's  Tavern;   Manchester;    Robinson's 
Store;  Clover  Hill. 

Ctarke — Conrt-honae;    Bnsaell's  Tavern;    White  Tost;    Millwood;    Royston's  Tavern; 
CoIH.t's  Toll-gate. 

Craig — Court-house;  Carper's  Tavern;  Walker's  Store;  Scott's  Tavern;    Martin  Huff- 
man's ;  George  Sarvcr's. 

Culpeper — Court-house  ;    Rixy ville  ;    Colvin's  ;    Stevensburg  ;    Pottsville  ;    Gathright's ; 
Wellsborough ;  Griffinsburg. 

Cumberland — Court-house;  Tavern  Precinct ;  Oak  Forest;  Irwin's. 

Dmwiddie — Court-house;    Billups';    Goodwyusvillc;  Williams'   Shop;  Darvill'a;    Wil- 
liams'; Sutherland's. 

Doddridge — Court-house;  Allen's;    Bond's;  Key's;  Davis'. 

F.lizabrth  ('ity — Court-house;  Liveley's  Ordinary  ;  Fox  Hill. 

Essex — Court-house;  Occupacion;  Lloyd's;   Miller's;  Beetland;  Centre  Cross. 

Fairfax — Court-house;   Crossroads;   Arundel's;    Sangster;    Ross';   Dranesville;   Anan 
dale;  Wesl  End;  Accotink;  Centreville;  Falls  Church;  Fare;  Bayless;   Pulman's. 

Fauquier — Court-house;  Plains;  Salem;  White  Ridge;  Farrowsville  ;  Orleans  ;  liberty ; 

Morrisville ;  Paris;  New  Baltimore;  Bectortown;  Weaversville ;  Upperville.  ' 

Fayette — ( \iurt-housc;  Blake's ;  Gauley  Bridge  ;  Fleshinan's;  Lewis';  Kceney's;  Ter- 
ry's; Coleman's. 

Fluvanna — Conrt-honae;  Howard's  Store;  Columbia;  Morris'  Store;  Kent's  Store;  Ha- 
den's  Store;  Baahan  and  Snead's ;  Bledsoe's;  Union  Grove. 

Franklin — Court-house;    Allen's;     Union    Hall;     Booth's    Store;    MeVey's    Tanyard ; 

Helm's;   Dickarson's;    Kinsey's;    Richland  Grove;    Bush's  Store;    Sydnorsville;   Snow 
Creek;  Aldridge's  Store. 

Frederick — Court-house  ;  Engine-house;  Gwiun's  Tavern;  Hoover's  Tavern ;  Newtown; 
Middletown;  Russell's;  Anderson's;  Brucctown ;  Swhier's ;  Cole's  Sehool-house ;  Pugh- 
town. 

Giles — At  the  same  places  as  magisterial  elections;  Howe's  Hotel. 

( Ulmer — Court-house;  Jerkland;  Burke's;  Widow  Stumps;  De  Kalb's;  Peregrine  Hays'; 
Knott's;  Hewctt's;  Troy. 


SEPARATE    ELECTION    TRECINCTS.  347 

Goochland — Cunt-house;  Little  .Store;  Perkinsville ;  Smith's  Shop;  Hills';  Holland's; 
Poor's;  Jennings'. 

Gloucester — Places  the  same  as  for  magisterial  elections. 

Greenbrier — Court-how.--:  Blue  Sulphur  Springs;  Lick  Creek;  Anthony's  Creek;  Spring 
Creek;  Southside;  Lewisbnrg;  White  Sulphur;  Miller's;  Irish  Corner;  Williamsburg; 
Frankfort. 

Crune — Court-house;  Puckorsville;  Ten-ill  Shiflett's;  MeMwllnnsvillc. 

OreeneevUle — Court-house;  Ryland's  Depot;  Blunt's  Mill;  Poplar  Mount 

Halifax — Court-house;  Meadeaville;  Mount  Cafmel;  Ealifaz  Springs;  High  Hill;  Hud* 
son's;  Garrett's  Store ;  Whiteville;  Republican  Grove;  Brooklyn. 

Hampshire — Court-house ;  John  Liller's ;  Miers' ;  Burlington;  Taylor's;  Doyles' ; 
Thompson's;  Lupton's;  Kisner's;  Lovett's;  Mrs.  Offutt's;  Stump's;  Ferity;  Sherrard's 
School-house;  Hash's;  Blair's;  Arnold's;  Piedmont. 

Hancock— -Court-house;  Holliday's  Cove;  New  Manchester;  Aton's  School! 

Hanover — Court-house;  Hughes';  Jones'  Crossroads;  Negrofoot;  DentonsTille;  Cold 
Harbor;  Ashland. 

Harrison — Court-house;  Shinnston ;  Union  Meeting-house ;  West  Milford;  Lumber- 
port;  B  i        -';  Lynch's;  Sardis;  Swisher's  Mills. 

Henrico — Court-house;  Kidd's;  Sweeney's;  Alley's;  Lovingsteine's ;  Dickman's; 
Hughes' ;  Walkerton ;  I 

Henry — Court-house;  Rough  and  Ready;  Irisburg;  Oak  1  eatherwood;   Ridg- 

way ;  Horsi   Pasture. 

lh<jhland—y\"\\\<\ty\  Rwekmansville ;  "Wiley's;  Crab  Bottom ;  Doe  Hill ;  McDowell; 
Pullins'  School-house;  Gwin's. 

Jackson — Ripley;    Click's;    Jones';    Range's;    California;    Depue's;    Three    forks    ot 
I  •.'.-:    Ravensw 1;   Squire  Steven's;    MurrayriHe;    '  Hill;  Mc 

Mill. 

James  duj — Court-house;  Burnt  Ordinary ;  York  River. 

Jefferson — Eight  disti  lame  as  for  magisterial  elections. 

Kanawha — Court-boUS<   |     1  I.         .-  I  Mill; 

Ah/'-;  Couts' Mouth;  len;  Fork  (  H 

!-,  |  Brool 

Km?  Georgt — Court-housi  ;  Ha  I  lifton;  Bhfloh. 

King  If  Qntem    Court  I  '  villc. 

King  WiUiom  ■Court-hot  l 

J.aneastir— Comt*hol  i"Ji  ;    K  iliu:m«»  k  ;   Wl 

Lewit     I  b;  McLaugl  Creek;  £ 

■ 

rough  ;     ^  rcell> 

j 


348  BEPAXATE    BLECTIOB    PRECEM 

Lomism    CavaiA  Onion;  Hopkins*  Mill;  Travilian's;  B 

:  Terrell's  si'  Bumpass1  rurnout;  Thamp- 

i  ..in. 

Lunenburg — Court-house;  Brown's  Store;  Pleasant   Grove;  Knight  -  Mill; 

I ■  him >i»<l ;  Bagley's  Btoro;  Jordan's  Store. 

tfiuftsoa— Court-house;  Stony  Hill;  Criglersvfle;  Huffman's  Mill:  Graves1  Mill;  Ra* 
pidan  Meeting-house ;  Fleshman's  Shop ;  Locust   D 

the  same  as  those  for  magisterial  elections,  and  ai  I 

Marshall — Court-hout  ;P  .  .t  Hill;  Jones'  Hotel:  Bl  ak's  School-honse ;  Parsons' 
Precinct;  Month  of  Fish  Cn  Hill;  Crossroads;  Sm  hi  i  •  :  Bn 

I'a  8chool-b  ■  . ■     .  1 '■     B  \  I  linn  <  !amp. 

i — Court-house:  Berri        Precinct;    Love  Precinct;  Ban        I  \\ 

[nmbia;   N.    •  i  Precinct;  Eighteen  Mile  Precinct;  Grigg's;  Sixte  a  Mi     Pi  cinct;  Thir- 
Precinct 

Mi -ali:  irs — Same  places  as  lor  magisterial  elections. 

Mecklenburg— Court-house;  Jones';  Edmnndson's;  Clarkesville ;  Reeke's;  Overby's; 
Wright's;  Harwell's;  Christians ville;  Gillespie's. 

Middlesex — Jamaica;  Saludo;  Sandy  Bottom. 

Monongalia — Court-hquse;  Guseman's;   Jones';  Osburn's;  Ross';  Lofler1 
Cristiman's;  Laurel  Point;  Cox's;  Moore's  River ;  Tenant's;  Dowall's;  Warren 

Monroe — Court-house;  Dickson's;  Miller's  Store;  Rollinsburg;  Mrs.  P<  k's;  Red  Sul- 
phur; Haynes' ;  Centn  ville. 

Montgomery — Court-house;   Guerrant's;    Peterman's;    Price's  Forks;  '  Crum- 

ette;  Kent  and  McConkey's ;  Rough  and  Ready;  Lovelj  Mount 

Morgan — Court-house ;  Lowe's;  Baker's;  Uhger's;  Hume's;  Swann'e 

Nansemond— Court-house;  Hargrove's  Tavern;  Harrison's  Shop;  Holyneck;  Chucka- 
tuck;  Somerton;  Darden's  Store;  Cypress  ChapeL 

Nelson — Fortune's;  New  Market;  Faber'sMill;  M  Mill;  Roberts*. 

.\i  ic  Kent — Court-house;  Barhamsville ;  Chandler's  Store ;  Ratcliff's  Tavern. 

Nicholas — Court-house;   Taylor's;    Brown's;    Neil's;    Dunbar's;    Nutter's;    Saw; 
P      on's. 

Norfolk  City— Font  W 

Norfolk  County — Court-house;  Glebe  Scl l-house;  Sycamore's;  Deep  Creek;  School- 
house  District  No. -J;  School-house  in  Providence;  Pleasant  Grove  School-house;  Butts! 
Road  School-house. 

Northampton — Court-house;  Bay  View;  Franktown;  Johnsontown;  Capeville. 

Northumberland — Court-house;  Lottsburg;  Burgess'  More;  Wicomico. 

Nottoway — Court-house;  Jennings'  Ordinary;  Wilson  and  Jones';  B  lark  fare. 

Orange — Court-house;  Barboursville ;  Thomas  Smith's;  Thomas  Rhoade's;  Locust 
Grove. 

Page — Court-house;  Honeyville;  Oakham;  George  Price's  Mill;  Springfield;  Mohler's 
Mill;  Rileys Ville;  Pruuty's  Mill. 


SEPARATE  ELECTION"  PRECINCTS.  -149 

Patrick — Court-hottse ;  Robertson's;  Aldridge's  and  Lee's;  Penn's  Store;  Carter's  S 
Hancock's;  Elamsville;  Blusher's;  Connor's;  Bhilor's;  Gates';  Mankin's. 

Pendleton — Franklin;  Harper's;  Riser's;  Vlnt's;  Cowyer's  Mill;  Mallow's;  Seneca; 
Circleville. 

Petersburg — Centre  Ward ;  Eastward;  Smith  Ward;  Wesl  Ward. 

Pittsylvania — Court-house;  Danville;  Spring  Garden;  WhitmeH;  Cascade;  Smith's; 
Beaver's;  Riceville;  Borer's;  Strail's  Store;  White's;  Laurel  Grove;  Chalk  Level; 
Mooman's. 

Pleasants — Court-house;  Spring  Run;  Sugar  Creek;  Pine  Grove;  Hale's  Mill. 

Pocahontas — Four  districts — Places  of  eli  ction  the  same  as  for  magisti 

Powhatan — Court-house;  Clarke's  Mill ;  Macon;  Sublett's. 

Presto*— Brandonvuie;  Miller's;  Burnel's;  Feather's;  Summit  School-house;  Germany; 
Graham's;  Huddlesin's ;  Kingwood;  Martin's;  Independence;  Evansville;  Nine's;  Funk's. 

Princess   Annt — Court-house;    Kempsville;    London   Bridge;    Capp'a    Shop;    ( 
ickwater. 

Prince  Edward — Court-house;  Marble  Hill;  Spring  Creek;  Prospect;  Farmville;  Sandy 

» 

Prince  Georgt — Court-house;   City   Point;    Lilley's   School-house;  Tattle's    Pn 
Harris":      g  I',  mpleton. 

Prince   William — Dumfries;    Cole's;    Occoquan;    Reeve's;    Brentsville;    Kinchelon's; 
ark  t ;  Ludley. 

Pulaski — Court-house;  Erown's;  Galbreath's;  Ruper's;  Thorn  Spring  Camp. 

Putnam — Court-house;  Bailey's;  Pocatalico;  Alexander's;  lied  House;  Jones';  Hur- 
ricane Bridge ;  Wheeler's;  Buffalo;  Eighteen  Mile  Precinct 

Rah  ms. 

I  i;   Mini  mi's;  Taylor's;  Kemp's;    Lee. 

Pnppolanniinl. — Washington;  Sperryville;  Yates';   Amissville;  ' 

nond  CUg — Jefferson  Ward ;  '■  Ward;  Monroe  Ward. 

I  Hill;  Tavern-house;  Famham  Church ;  I 

;  i.  . .-.  i 

Murpl 

ring;  Banett's. 

I  '. .  Shop. 

Cot    ••  -  Si 


350  SEPARATE    ELECTION    PRECINCTS. 

.7 — Court-house;  Qrisle's;  Pound;  Holly  ('  '  >untain;  Oastlewood's ; 

'a;   Sanson's;  Aaton'i  Ifills;   Dorton's;  Bag  >sou's; 

Hendi 

Scott — Court-house;    Wineger*s;    Haifa;    Smith's;   PuOleng's;   Nickelsville;  Alley's; 

Osborne's  Ford ;  Stony  Creek:  Peters';  Bye  Cove;  Carter's;  Neil's;  Roll< 

I 
Shenandoah — Court-bonse ;    Btrasburg;   Crossroads    Meeting-house;    Conner's  Church; 
Town    Hall;    Keller's    School-house;    Edinburg;   Colombia   Furnace;    Mount  Jackson: 
oada  School-house;  New  Market;  Forrestville. 

Smyth — Court-house;    Broad  Ford;    Hays';    Sanders';    St.   Clai.'~    Bottom;    Burton's 
:  Atkins'. 

Spotsylvania — Court-house;  Fredericksburg;  Mount  Pleasant;  Andrews';  Chano 

Stafford — Court-house;  White  Oali ;  Blaster's;  Tackett's  Mill;  Falmouth;  Coakley's; 
Harwood'a ;  Acquis* 

Southampton — Court-house;  DrewryBville ;  Crosskej-s;  Joyncr's;  Murfee's;  Black 
I  Church;  Berlin;  Faison's  Store. 

Surry — Four  districts — At  the  same  places  as  for  election  of  magistrates. 

Sussex — Court-house;  Comanu's  Mill;  Henry;  Stony  Creek;  Newville;  Owen's  Store. 

Taylor — Court-house;  Mahaney ;  Reed's;  Claysville;  Enottsrille;  Haymond's;  Fetter- 
man  ;  Grafton. 

Tazewell — Court-house;  Repass;  Tiffany's;  Mouth  of  Slate;  Gibson's;  Crabtree's; 
Litzeville;  Liberty  Hill;  Tugg. 

Tyler — Court-house ;    Centreville;    David    John's;    Hammond's;    Underwood's;    Dan- 
Bistersville;  Pleasant  Mills. 

I'jisltitr — Court-house;    Reedy    Mills;    Simpson's   Mill;    Posty ;    Marples;    Marshall's; 

1  v's. 

Warren — Court-house;  Boyd's  Mill;  Betitonville;  Lean's  School-house ;  CedarviDe; 
Howellsville. 

Warwick — Three  precincts — The  same  as  for  election  of  magistrates. 

Washington — Court-house;  Clark's;  Davis';  "Waterman's;  Merchant's;  Gobble's; 
Mills';  Worley's;  Williams';  Morell's;  Fullen's  School-house;  Clark's;  Kelly's  School' 
house;  Delusko  Mills ;  Ons';  Miller's;  Good  Hope;  Green  Spring. 

Wayne — William  ('rum's.     (No  other  returned.) 

Westmoreland — Court-house;  Hague;  Warrens ville;  Oak  Grove. 

Wetzel — Court-house;    Forks  of  Proctor;    Knob  Fork;    Church's;    Cohorn'B;    Ice's 
Willey's  School-house. 

Williamsburg — Court-house. 

Wirt — Court-house;  Poster's;  Petty's. 

Wood — Precincts  at  the  same  place  as  election  for  magistrates. 

Wyoming — Court-house;  Gad's;  Rhincheart's;  McKinney's;  Bailey's;   Lester's. 

Wythe — Eight  districts — Precincts  at  same  places  as  for  election  of  magistrates. 

York — Three  districts — Precincts  at  the  same  places  as  for  election  of  magistrates. 


RECEIPTS  AND  DISBURSEMENTS. 


Balance  in  the  treasury  Oct.  1, 1859, 

To  the  credit  of  the  commonwealth, 
"  "        Literary  fundi 

"  "        Board  of  public  works, 

'•  "        Sinking  fund, 

Received  from  Oct.  1,  1859,  to  Sept.  39,  1860: 

On  account  of  tbe  commonwealth, 
"  "       Literary  fond, 

"       Board  of  public  work*, 
"  "        Sinking  fund, 


Disbursed  from  Oct.  1,  1859,  to  Sept.  P.O.  1800: 

On  account  of  tbe  commonwealth, 
"       Literary  fund, 
"       Board  of  public  ■works, 

Sinking  fund, 

Balanccon  hand  Oct.  1,  18 
T<i  th«-  cradil  el  I  ^wealth, 

"       Literary  fund. 
"  "        Board  of  public  works,    - 

"  Sinking  fimd, 


104,013  36 

42,519  09 

9,217  S3 

67,1 37  72 


4,188,610  27 

405,518  06 

1,890,417  13 

2,238,409  99 


4.147,218  45 

388,577  82 

OS  S3 

2,248,636  SB 


139,305  18 

50,469  99 

4,638  13 

50.91)  42 


222,883  00 


222,883  00 


8,710,855  45 
8,933,743  45 


134  79 


.08  66 


TABLE 

Showing  ike  Times  for  the  Commencement  of  the  Regular  Terms  of  each  Circuit, 
County  and   Corporation  Court. 


Ooun 

Clreuit  court*. 

County  and  corpora- 
tion courts. 

County  and  corporation 

Bad  oorpt 

Whi  ii  tenni  commence. 

Monthly  terms. 

courts.    Quarterly  terms. 

Circuits. 

Accomack, 

5.   1st  Monday  in  May  and  1st 

day  of  November, 

Last  Monday, 

March,  May,  August, 

Albemarle, 

10.  2d  Monday  in  May  and  Ort. 

First  Monday, 

Do.     June,      do. 

do. 

Alexandria, 

0,  3d  Monday  In  May  and  3d 

Monday  In  November, 

Fourth  Monday, 

Feb'y,   May.       do. 

do. 

Alleghany, 

14.  9tli  of  April  and 

Third  Monday', 

March.  June,       do. 

do. 

Oth  October, 

Fourth  Thursday, 

DO.       May.         do. 

do. 

Ainli'  : 

1  of  March  and  August, 

Third  Monday, 

Do.      Juno.       do. 

do. 

Appomattox, 

3.  21st  April  and  September, 

Thursday  after  1st 

Monday. 

Do.      May,       do. 

do. 

An  frusta, 

11.  1st  June  and  lit  November, 

Fourth  Monday, 

Do.       do,         do. 

Barbour, 

"I.  6th  May  and  October, 

First  Monday. 

i'".     June,     do. 

Novem, 

Bath, 

11.  15th  May  and  Oi  tober, 

Second  Monday, 

Do.       do.           do. 

do. 

F.edford, 

■l.  35th  April  and  September, 

Fourth  Mou, lay, 

Ft  b'y,    May.  July. 

do. 

ley. 

13.  24th  April  and  September, 

Second  Monday. 

March,  June,  AugUS 

,      do. 

Boone, 

15.  3d  Monday  after  4th  Monday 

Wednesday  after  2d 

in  April  and  September, 

Monday, 

Do.      do.          do. 

do. 

urt, 

14.  Sfith  May  and  October, 

ad  Monday, 

1  1  ..        do,            do. 

do. 

19.  37th  April  and  September, 

First  Tuesday, 

Do.       do.           do. 

do. 

Brooke, 

30.   16th  Mareli  and  An;: 

mday, 

Feb'y,   May,  July, 

do. 

Brunswick, 

2.  37th  March  and  3d  of  Oct 

Fourth  Monday, 

March,  do.     Angus 

,      do. 

Buckingham, 

April  and  Si  ptember, 

.Second  Monday, 

Do,       do.           ,],,. 

do. 

Cabell, 

18.  27th  March  ami  August, 

Fourth  Monday, 

Do.      June,      do. 

do. 

Calhoun, 

19.  12th  April  and  September, 

J   after 

4th  Monday, 

Do.       do.           do. 

do. 

Campbell, 

3,  18th  May  and  Octobi  r. 

Second  Monday, 

Do       do.          do. 

do. 

Caroline, 

8.  1st  March  and  18th  Sept. 

d  Monday, 

Fl  li'y,    .May,        do. 

do. 

effi  si  June  I. 

Carroll, 

16,  Monday  before  last  Monday 

in  March  and  An. 

First  Monday, 

March,  June,  Ang't, 

Novem. 

Charles  City, 

fi.  18th  May  and  November, 

Third  Thursday, 

1  >■  .       May,       do. 

do. 

Char: 

3.  85th  March  and  Augnit, 

First  Monday, 

Do.     June,    do. 

do. 

rfleld, 

2.  7th  May  and  13th  Novem'r, 

d  Monday, 

Do.        do.       do. 

do. 

Clarke, 

13.  12th  May  and  October, 

Second  Monday  in 
and  Ith  in 

■  r  months, 

Feb'y,   May.   July. 

Clay, 

15.  l"t  April  and  September, 

1  Monday, 

March,  Jojk  . 

Novem. 

Craig, 

14.  Tuesday  after  1st  Monday 

in  March  and  An 

Fourth  Monday, 

do.        do. 

do. 

Culpeper, 

10.   1st  Monday  June  and  Nov. 

Third  Monday. 

Do.      May,       do 

do. 

'             rland, 

March  and  A 

i  Monday. 

July, 

1". 

ay  after  2d 

Monday, 

March.  Jum 

Novem. 

Dinniddip, 

2.  20th  Mai 

Third  Monday, 

Fourth  Mon 

Juno,      <],,. 

1 

' 

Da 

'■ 

II  April  and  I2th  J 

sy, 

do. 

Fairfax. 

' 

Third  Mou 

1  1          Jum.      do. 

1 

■ 

in  A] 

day. 

May,       do. 

do. 

■r. 

1 

do. 

i 

lf>.  1st 

do. 

do. 

Fluvanna, 

10.  10th  April  and  P 

lay. 

' 

' 

' 

do. 

! 

- 

' 

1 

' 

Aug') 

' 

(iilm'-r. 

' 

1 

do. 

' 

(.TK-nr, 

IfSjSaMS  IM  efl'r  -1 

1      Monday, 

do. 

do. 

354 


TIMES   AND    PLACES   OF   COURTS. 


Com 
indoor] 


Circuit  courts. 
Whi  ii  terms  commence. 


County  mid  corpora- 
ourta 
Monthly  terms. 


county  and  corporation 
courts.    Quarterly  terms. 


lire, 

er, 
Harrli 

Hardy. 

Ili-nrico, 

Henry, 

Highland, 

Wlllli 
Jefferson, 


Kanawha, 

Queen, 
•  >  [Uiam, 

i 
i 

i 
Loudoun, 

: 

iiurg, 
Lynchburg, 
Madli 

Mari  in, 

Mars  'mil, 

Matthews, 

Mason, 

M<  cklenbnrg, 

McDowell, 

Middli 

Monongalia, 

Montgomery, 
Morg 

New  Kent, 
Nicholas, 

NorfoU 

Norfolk  county, 
Northampton, 
Northumberland 

iv  ay, 

Ohio, 
Orange, 

Patrick, 
ton, 

P  ■      burg, 

PittBj  Ivunia, 

ats, 

Dntas, 
Powhatan, 
Preston, 

Anne, 
Prince  Edward, 
Prince  < 
Prince  William, 
l'ulaski, 

Putnam, 
Raleigh, 

Randolph, 


Circuits, 

April  and  i'l  Nov'r, 
:i.  isl  day  of  May  ai 

'.  i  ■  rj  1  and  beptember, 

BO.   10th  March  and  a 

B.  loth  March  and  26th  Sept 
2L  15th  April  and  Beptember, 
13.  20th  April  and  September, 

6.  83d  April  and  October, 

'.  pril  and  September, 
IS.  2d  .May  and  October, 

May  and  I8tl    I 

if.  2d  May  and  October, 

May  and  November, 
13.  20th  May  and  Oi  I 


May  and  Oi  U 
March  and  12th  Sepl. 
B.  2d  May  and  19th  of  Nov'r, 
B.  13th  May  and  25th  Nov'r, 
B.  L5th  April  and  2d  Nov'r, 
IT.  2d  Monday  after  4th  Mon- 
day In  April  and  Si  pt. 
If.   Ptb  .May  and  (  letobi  r. 

L5.  1st  Monday  after  4th  Mon- 
day In  April  and  Sept. 
9.  4th  Monday  in  April  and  3d 

Monday  in  October, 
10.  20th  April  and  September, 
2.  L3th  April  and 8th  <  October, 
3   3d  of  June  and  3d  Nov'r, 

10.    1  St  Monday  Mar.  and  Aug. 

21.  10th  June  and  November, 

20.  IbI  May  and  1st  October, 

6.  6th  April  and  September, 

Lpril  and  18th  Sept. 

\|n'il  and  I.Vli  Sept. 

L5.  27th  May  and  <  October, 

17.  1st  Monday  Mar.  and  Aug. 
\;.ril  and  October, 
•  of  April  and  September, 

14.  25th  April  and  September, 
16.  2d  Monday  in  Apr.  and  Sep. 

13.  6th  May  and  October, 

15.  L6th  April  and  [3th  Oct'r, 

10.   27th  day  of  April  and  Sept. 

ii.   LOth  May  and  November, 
15.  Gtli  April  and  September, 

I.    Lb(  June  and  15th  Nov'r, 

1.  1st  April  and  28th  S,  pt. 

5.  3d  Monday  In  Apr.  and  Sep. 
B.  9th  April  and  28th  Oct'r, 

2.  20th  April  and  lath  Oct'r, 

.'.  ■  .  id  October, 
in.  Lg<  May  and  October, 

i  h  April  and  September, 
•I.  13th  April  and  September, 
13  27th  Apr(]  and  September, 

2,  23d  May,  Kith  November, 
i.  28th  Maj  and  October, 
19.  30th  May  and  October, 

14.  16th  April  and  September, 

3   2d  May  and  27th  0 

!£arch  and  August, 

May  and  22d  Sept'r, 

:\.  i.'ith  March  and  August, 

3    17th  May  and  12th  Nov. 
".    2  I  Monday  In  May  and  ( let. 

Hi.  3d  .Monday  April  and  Srpt. 

IS  Mil  April  and  September, 

15.  3d  M lay  April  and  Sept. 

21.  26th  May  and  October, 


Fir«t  Monday, 
Fourth  Monday, 
Fourth  Monday, 
Tuesday  after  U 

Monday, 
Fourth  Tuesday, 

nday, 
Monday  before  1st 

Tuesday, 

Pirsl   Monday, 
Si  OOnd  Monday, 
Thursday  after  3d 

Monday. 
First  Mi. nday. 

Second  Monday, 

I  Monday, 
Second  Monday  in 

June  and  ( October, 
r?d  iu  other  months, 

Third  Monday, 

First  Thursday, 

Thursday, 

Fourth  Monday, 

Third  .Monday," 


Second  Monday, 

Third  Monday, 

i  Monday, 
Second  Monday, 

S   '■■iiit  M lay. 

First  Monday, 
Fourth  Thursday, 
First  Monday. 
Third  Monday, 
Second  Monday, 
First  -Monday. 
Third  Monday, 
Thursday  afti 
Monday. 

i  Monday. 

Fourth  Wi  di 

Fourth  .Mom lay, 
Third  Monday", 
First  .Monday", 

Fourth  M lay. 

Second  Monday, 

Fourth  .Monday, 

Second  Thursday, 
bi  fore  2d 
These 
Fourth  Monday, 
Third  Monday, 
Second  Mondaj , 
i  Monday, 
First  Thursday; 
First  .Mi 
Fourth  Monday, 

Fourth  Monday, 
Fourth  Monday, 
Thursday  after  1  Ht 

Tuesday, 
Third  Thursday, 
Third  Monday, 
Thursday  after  3d 

Monday, 

First  Tuesday, 
First  Wednesday, 

•lay, 
First  Monday. 
Third  Monday, 
Second  Thursday, 
First  Monday, 

Thursday  after  1st 

.Monday, 

Fourth  Monday, 

First  .Monday, 

Fourth  Monday, 


May,    Augt,  October. 
June,      do.    Novem. 
Do.       do.         do.        do. 

Jan'y,  April.  June,   I 

Fit,  v.       do,      duly.     Novem. 

March,  Jane,  Aug't,     do. 


DO.         do.  do. 

Do.     May,       do. 
Do.     June,       do. 


do. 

do. 
do. 


' '  y.  do.  <  October. 

Do.     June,  do.  Novem, 

I-'  h'y,    do.  do.  do. 

March,  do.  do.  October. 


Do. 

do. 

do. 

do. 

1,  l,\v 

do. 

do. 

Novem, 

Marc] 

,    do. 

do. 

do. 

I>o. 

May. 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

June 

do. 

do. 

April. 

do. 

do. 

March 

do. 

do. 

Novem. 

Do. 

do. 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

May, 

do. 

do. 

Do. 

Juno 

do. 

i  Ictober. 

Feb'y 

do. 

do. 

do. 

March 

do. 

do. 

.\'o\  em. 

Do. 

do. 

do. 

do. 

Do. 

May, 

do. 

do. 

Feb'y, 

Juno. 

do. 

do. 

Do. 

May, 

do. 

do. 

March 

Juno, 

do. 

do. 

Do. 

do. 

do. 

do. 

I>o. 

May, 

do. 

do. 

Do. 

Juno, 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

do. 

Sept. 

do. 

do. 

Aug't 

do. 

May, 

July. 

do. 

.March 

do. 

Aug"1 

do. 

Do. 

June, 

do. 

do. 

F(  b'y, 

April 

i  October. 

.March 

June. 

Nov  ,-ni. 

Do. 

do. 

Sept 

do. 

Do. 

May, 

Aug't, 

do. 

Do. 

do". 

do. 

do. 

Feb'y 

July, 

Sept. 

i  leoem. 

March, 

May, 

AugM 

Novem. 

do". 

July, 

do. 

Do. 

do. 

do. 

do. 

March.  June,  Sept.  do. 

I  io.        do.         do.        Decern. 
Do.       do.     Aug't,    Novem. 

Feb'y,    May,   July.      I  ICtobl  r. 
March,  June,  Aug't,    Novem. 

Do.      do.       do.     October, 

Feb'j  .    May,    July,     Novem. 

March,  June.  Aug.        do. 

Feb'y,   .May,   July,         do. 

March,    do.     Aug.  do. 

Do.      June,  do.  do. 


Do. 

do. 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

do. 

do. 

do. 

Do. 

do. 

do. 

do. 

TIMES  AND  PLACES  OF  COURTS. 


:loo 


Count  i«  n 

Circuit  courts. 

County  and  corpora- 
tion courts. 

Monthly  terms. 

County  and  corporation  courts. 

and  corporations. 

When  terms  commence. 

•erly  tern 

. 

Circuit*. 

Rappahannock, 

9.  3d  Monday  in  March  ami  1  st 

Monday  in  <  October, 

l  Monday, 

March.  May.  August 

Novem. 

Richmond  city, 

7.  1st  of  Nov.  anil  1st   M 

' 

.Ian  y,    April,  July, 

Octo'r. 

Richmond  co. 

8.  3d  April  and  83d  October, 

First  Monday.' 

March.  May.  August, 

Novem. 

Ritchie, 

19.  15th  April  and  September, 

Tuesday  after  1st 

Monday, 

Feb'y,  June,      do. 

do. 

Roane, 

18.  17th  May  and  October, 

first  Monday, 

April.  Jul}-. 

Roanoke, 

11.  W<  dnesday  after  -4 1  li  Mon- 

day in  March  and   * 

Third  Monday, 

March,  June,  August,  Novem. 

Rockbridge, 

11.  12th  April  and  September, 

Monday  1"  fore  1st 

day, 

do.       da 

do. 

Rockingham, 

12.  nth  May  and  October, 

Third  Monday, 

Feb'y,  May,      do. 

do. 

Russell, 

17.  4th  Monday  April  and 

Tuesday  after  1st 

Monday, 

March.  Juno,      do. 

do. 

Scott, 

17.  3d  Monday  after  4th  Monday 

April  and  September, 

Tut  sday  after  2d 

Monday, 

Do.        do.        do. 

do. 

Shenandoah, 

12.  30th  March  and  August, 

Monday  before  2d 

Tut  sday, 

Do.        do.        do. 

do. 

Smyth, 

17.  1st  Monday  April  and  Sept. 

-  r  iHt 

Monday. 

Do.        do.        do. 

do. 

Southampton, 

i  May  and  7th  October, 

Third  Monday, 

Do        Bo,        do. 

do. 

Spotsylvania, 

i 

First  Monday. 

Do.        do.        do. 

do. 

Stafford, 

9.  4th  Monday  March  ani 

Third  Wednesday, 

I '          do.       do. 

do. 

Staunton, 

-                    -                    - 

Wednesday  aft*  r  1st 

Monday, 

Feb'y,    May,    Jnly, 

Surry, 

L  inth  May  and  25th  October, 

Fourth  Monday, 

March,    do.    August 

- 

1.  24th  April  and  29th  October, 

First  Thursday. 

Do,        do.        do. 

Taylor, 

21.  4th  March  and  Angnit, 

Fourth  Monday, 

Do.       June,      do. 

Novem. 

Tazewell, 

17.  Last  Monday  March  and  Aug 

W<  dn<  -day  after  1st 

Monday, 

Feb'y,    May.    July, 

Tuek'T, 

SHL  22d  May  and  October, 

Third  Monday, 

March.  June.  August 

V>\   elll 

Tyler, 

I  April  ami  s,  ptember, 

Second  Monday, 

Do.       do.       do. 

do. 

Upshur, 

21.  4th  April  and  September, 

Third  Monday, 

D          do.       do. 

do.  * 

Warren, 

5th  March  and  August. 

Third  Monday. 

i»o.      May,      do. 

do. 

Warwick, 

n.  21st  March  and  s.  ptember, 

1  Monday, 

1  N         June.      do. 

I  »•  cem. 

■Washington, 

17.  2d  Monday  April  and  - 

Fourth  Monday, 

Do.        do.        do. 

Novem. 

"> 

18.  20th  March  and  August. 

Monday. 

1'             do.          do. 

'■' 

15.  14th  April  and  September, 

Fourth  Tuesday, 

do. 

do. 

Westmoreland, 

Hh  March  and  18th  0   1 

Fourth  Monday. 

April,    May,      do. 

do. 

■ 

90.  L2th  April  and  September, 

Tuesday  after  1st 

Monday. 

Feb'y,      do.      July. 

Williamshnrp. 

th  May  and  November, 

Fourth  Monday. 

March.  June,  August 

Novem. 

Wlnchi 

-                -                - 

First  Saturday, 

1''           May.        do. 

Wirt, 

19.  3d  April  and  September, 

TUI  -day  aft>  r  4th 

Monday. 

June,     do. 

do. 

' 

17.    1st  Monday  after  4th  Mon- 

day in  April  and  Sept. 

Fourth  Monday. 

March,     do.         do. 

do. 

\ 

19.  5th  .lane  and  November, 

Third  Monday. 

do.        do. 

tog, 

15.  4th  Monday  April  and  Sept. 

Friday  after  :(,|  Mon- 

day. 

do.            do. 

■ 

"     lay  May  md 

Do. 

York, 

6.  26th  March  an'!  9 

Third  Moie: 

Do       May       do. 

INDEX. 


ADJUTANT  GENERAL. 
Rate  of  pay  allowed,  58 

ADKTNS,  ENOCH. 

Amount  of  forfeited  recognizance  re- 
mitted, 310 

ALBEM  VRLE  AND  FLUVANNA. 
Boundary  line  of,  151 

Act  of  i-"','>  amended,  151 

Commissioners,  l-"W 

Th'  ir  linti'  S,  l"'l 

ALBEMARLE  COUNTY. 
Volunteer  company  of  cavalry  in,  246 

Of  what  number  company  to  consist,       248 

ALEXANDRIA  CITY. 
To  organise  a  battalion,  348 

Proviso,  246 

ALEXANDRIA,  MOUNT  VERNON  AND 
A<  COTrNK  TURNPIKE  COMPANY. 

I  ed  Btock,  214 

Stock  already  issued,  214 

How  amount  made  up,  21 1 

Duty  of  company  to  replace  stock,  Ac.     214 

ALEXANDRIA  AND  WASHINGTON 
RAIL  ROAD. 

ption,  how  <>]«  a*  206 

Rail  road  from  Alexandria  to  Washing- 

-  of  company  declared  valid 
AMBLEB  <  H.  AND  I  OAL  t  OMPANY. 

I  •■  d. 

to  appoint  agents, 
.1  Btock, 

my, 


When  act  takes  effect, 
Semi-annual  reports, 


2H7 
267 


panted, 
Privili  . 

' 
i 
\ 

■ 


AMHERST  AND  NELSON  WOOLEN 

MAXrFACTURING  COMPANY. 

Incorporated,  283 


ANDERSON,  MARY. 
Enslavement  of, 

APPROPRIATIONS 

For  deficiency  in   former  appropria- 
tions, and  for  defraying  expent 
tlie  general  assembly  and  conven- 
tion now  in  session. 

What  appropriated, 

General  assembly, 

of  genera]  assembly, 

Allied  Thornton, 

Richard  Matthews, 

William  Osborne, 

Fires  and  furnaces  in  capitol, 

Convention, 

Interest  on  public  debt, 

Interest  to  literary  fund, 

Comparing  polls, 
Salaries  of  judges,  A  C 
Temporary  clerks  in  auditor's  office, 
Slaves  sentenced  for  crime, 
Com  i 

inspectors, 
Adjutant  general, 

Virginia  military  Instil 
Defaulting  of 

nis  military  institute, 
Pnblic  guard, 
Distribution  of  arms, 

ible  property, 

•    lunatic  asylum. 

Eastern  lunatic  asylum, 

'         luits, 

1  ipitol, 

!  : 

1  I  i  public  offii 

1 

1 


252 


20 
20 
21 
21 
21 
21 
21 
21 
21 
21 
21 
21 
21 
•J  I 
21 
21 

22 


3-53 


INDEX. 


I 

.Jcilm  Brow  d 

da  and  clai  23 
Fuiit  ral  expenses  of  George  W.  Hop- 
kins, S3 
Apartments  for  convention,  23 
A.  W.  McDonald,  28 
Northwestern  Lunatic  asylum,  ',':'> 
Appropriations  nol  to  exceed  formal 
appropriations  by  general  or  special 
acts,  23 
ral  provisions,  23 
What  to  constitute  general  fund,  24 
For  wli.it  purpose,  S I 
Duty  of  auditor,  24 
Limitation  us  to  decrees  and  judg- 
ments, '-' 1 
Payments  to  Btate  institutions,  how 

made,  24 
Appropriating  one  million  of  dollars 

for  the  defence  of  the  Btate,  28 
Duty  of  colonel  of  ordnance  as  to  pur- 
chase of  arms.  28 
How  munitions,  &c.  obtained,  28 
Amount   appropriated    for   arms   and 

munitions,  28 
How  distributed,  28 
Engineer  to  be  employed,  28 
Plans  to  be  submitted  to  governor,  28 
Arsenals  to  be  established,  28 
Sites  for  coast,  river  and  harbor  de- 
fences, 28 
Amount  appropriated,  28 

ARMING  MILITIA. 

County  courts  authorized  to  arm  militia,  3f> 

l'ro\  35 
Power  to  appoint  agents  to  negotiate 

loans,  35 

Authorized  to  levy  on  lands,  :'•■"> 

Restriction,  35 

Issue  of  bonds  legalized,  35 

Vote  of  majority  of  justices  necessary,  36 

To  apply  to  all  counties  accepting  it,  36 

Cities  may 'avail  themselves  oi  it,  llii 
Begulations  for  preservation  and  return 

of  arms,  36 

ARMORY. 

Superintendent  of,  to  rent  quarters,  B7 

Amount  appropriated,  37 

Of  Berkeley  Border  Guards,  SM- 
ARMS. 

To  be  issued  to  an  academy,  250 

ASBURY  (TOWN  OF). 

Incorporated,  187 

Bouno  1H~ 

Officers.  187 

Commissioners,  187 

Sergeant,  how  appointed,  187 


BALTIMORE  AND  FREDERIC KSBURG 

STEAM  BOAT  COMPANY. 
Incorporated,  275 


Capital, 

When  meeting  to  be  held, 

Direct 

Quorum, 

•   al. 

B        state, 

President,  how  appointed, 
By-laws,  »v  c. 
General  proi '.- 


276 
276 
276 
276 
276 
276 

276 
277 


BANE  OF  THE  COMMONWEALTH. 

To  establish  a  branch  at  Monaskon,  L3S 

Charter  amended,  [35 

BANK  <>r  Till".  VALLEY  IN  VIRGINIA. 
To  establish  a  branch  in  the  city  of 

Richmond,  130 

BANK  OF  VIRGINIA. 

Charter  extended,  &*L  126 

BANKS. 

An  act  for  the  relief  of  the  banks  of  this 

commonwealth,  123 
Suspension  of  specie  payments  legalized,  123 

Limitation  as  to  time,  123 

Charters  not  forfeited,  123 

Proviso,  l-l 
Bank  notes  receivable  in  payment  of 

public  dues,  124 

When  banks  may  resume,  124 

mption  law  repealed,  12  1 

Banks,  when  to  furnish  specie,  124 

Proviso,  124 

Exchange,  124 

Penal  i  125 

t  lode  amended,  126 

Bank  may  loan  money,  125 

What  interest  it  may  take,  125 

Penalty,  125 
New  banks,  when  to  go  into  operation,      125 

Fxccptions,  125 
Act  to  extend  the  charter  of  the  Bank  of 

Virginia,  125 

Act  or    L856  amended.  125 

Charter  extended  for  '20  years,  126 

Subject  to  existing  laws,  126 

Act  of  L856  amended,  126 

When  act  to  take  effect,  126 
An  act  to  extend  tin-  charter  of  tin' 

Farmers  Bank  of  Virginia,  126 

Section  1  of  act  of   1856  amended,  126 

( !harter  extended  for  20  years,  126 

Subject  to  existing  laws,  126 

Section  9  of  act  or  1856  amended,  127 

When  act  to  take  effect,  127 
An  act  to  extend  the  charter  of  the  Ex- 
change Bank  of  Virginia,  127 
Section  I  of  act  of  1856  amended,  12! 

( 'barter  extended  for  "ill  years,  127 

Subject  to  existing  laws,  127 

Section  o  of  act  of  1856  amended,  128 

When  act  to  take  effect,  128 
An  act  to  extend  the  charter  of  the 

Bank  of  the  Valley  in  Virginia,  128 

Section  I  of  act  of  1856  amended,  128 

Charter  extended  for  20  years,  128 

SubjeCl   lo  existilie-  laws,  128 

Section  !»  of  act  of  1856  amended,  128 

When  act  to  take  effect,  128 


INDEX. 


359 


Act  to  extend  the  charter  of  tlic  North- 
western Bank  of  Virginia, 
Section  I  of  ad  of  1856  amended, 
Charter  extended, 
Subject  to  existing  laws, 
Section  9  of  act  of  1856  amended, 

Winn  act  to  take  effect, 

Act  to  extend  the  charter  of  the  Mer- 
chants and  Mechanics  Hank  of 
Wheeling, 
Section  I  of  act  1856  amended, 
Charter  extended  for  20  Tears, 
Subject  to  existing  laws. 
Section  9  of  act  of  1856  amended, 
When  act  to  take  effect, 
Act  amending  the  '-M  section  of  an  act 
authorizing  the  Hank  of  the  Valley 
in  Virginia  to  establish  a  branch  in 
the  city  of  Richmond, 
mended, 
Mode  of  raising  capital  stock, 
Act  establishing  a  branch  hank  at  the 
town  of  Jefferaonville  in  the  county 

Of  Tazewe]], 

What  hanks  may  establish  branch, 
Capital  stock, 
How  i 

Management, 
Subject  t"  ixistincr  lav 
Act  to  extend  the  charter  of  the  Cen- 
tral Bank  of  Virginia, 
I B60  amended, 
Duration  of  charter, 
Authorised  to  establish  branches, 

<  ;  il  stock, 

ll"'\\ 

I  tors, 

<  i]  stock  may  be  increased. 

Act  to  enable  the  Mention. .  Bank  or 
the  Hank  of  the  Commonwealth  to 
blisfa  an  office  of  discount  and 
deposit  at  Monaskon  in  the  county 
of  J        i  iter, 
What  bank  may  establish  branch, 
•       •  .1  stuck,  how  rait 

nt. 
Tenure  of  office  of  directors, 
Subject  to  exist 

Act  to  authorise  tin   Merchants  Hank 
Lynchburg  and  the  Montii 
Bank  to  establish  branchi  -  at  o  r- 

Mish  bran< 
v 

<  tal, 

orporate  the  Bank  of  Par- 

t 

■  d, 

I 

I I 


i; 


nt. 
orthwi 


129 
129 
129 
129 
129 
129 


130 

130 
130 
L30 
130 
L30 


130 
L30 

131 


131 

B 

131 

131 
131 

131 
131 
131 
132 
132 
132 
132 
132 


132 
132 
132 

132 
133 


133 
]  33 
133 
133 

133 

134 
134 


134 

13} 


Specie  draft,  how  used,  134 

In  case  of  refusal  to  accept  specie  draft.  L35 

Not  subject  to  act  of  1858,  135 

Ag«  ncy,  hew  changed,  135 
Act  to  amend  the  charter  of  the  Hank 

ef  the  Commonwealth,  135 
Certain  sections  of  act  of  1853  repealed,  135 
Section  '.*  amended,  136 
Duration  of  charter,  136 
When  treasurer  may  transfer  certifi- 
cates of  securil  1 31 
When  the  residue  thereof,  L36 
When  bond  I"  be  taken,  136 
Bond  to  have  force  of  a  judgment,  136 

When  execution  may  issue,  136 

Act  to  amend  the  charter  of  the  Bank 

of  Scottsville,  137 

Certain  sections  of  act  of  1852  repealed,  137 

Section  r>  amended,  137 

When  treasurer  may  retransfer  certifi- 
cates of  securities,  137 
When  residue  thereof, 

When  bond  taken,  137 

Force  of  judgment,  137 
When  execution  may  issue, 

Notes.  137 

Quarterly  statement, 
Directors. 

Subject  to  repeal,  A  c.  138 

Aet  to  amend  the  charter  of  the.  Hank 

of  the  Old  I  lominion,  138 

i  d  sections  of  act  of  1851  re- 
pealed, 138 

Certificates  of  debt,  how  retransferred,  138 

Notes  to  be  canceled, 
When  residue  deli 

Bond  to  be  executed,  1 38 
Force  of  a  judgment, 

Execution,  how  issued,  138 

of  circulation,  139 
Quarterly  statement, 
Directors, 

Act  to  amend  the  charter  of  the  Hank 

of  Commerce  at  Fredericksburg,  139 

Certain  sections  of  act  of  185]  re- 
pealed, 139 

Duration  of  charter,  140 

1  tow  < -•  rtificatea  of  debt  of 

retra  140 

Residue,  how    Mian-fi  HI  d.  1  10 

Bond  to  be  i  secuted,  140 

To  ha'.  140 

When  execution  may 

Denomination  of  i  140 

Qua] :                           Dt,  &C.                    .  I  |0 

Number  of  dire.  | 

h  r  of  the  Hank 

chiiippi,  ni 
i                                                   i  re- 

•  d.  Ml 
II..™  a  r t it: 

■  le.  Ill 

How  ;                                     ;od.  1  11 

Bond,                     ited.  1  11 

lent.  1  11 
J 11 
111 
111 
1  1 1 


360 


INDEX. 


Act  to  amend  the  charter  of  the  Ifi  - 
chants  Bank  of  Virginia, 
tain  a  ctions  of  acl  of  1851  repealed, 
Certificates  of  Btock,  dec.  how  retrane- 
ferable, 

• ,  how  retransferred, 
Bond  i"  be  executed, 

of  judgment, 
Execution,  how  issued, 
Denomination  of  notes, 

amend  the  charter  of  the  South- 
er* st  mi  Bank  of  Virginia, 
Certain  sections  of  act  of  1852  repealed, 
Duration  <>i"  charter, 
How  certificates  of  state  stock,  &c  re- 

t  ran>  '■ 

Residue,  how  retransferred, 
Bond  to  be  executed, 
Force  of  a  judgment, 
How  execution  may  issue, 
Act  to  amend  the  charter  of  the  Bank 
Of  Howardsville, 

Certain  sections  of  acl  of  1866  repealed, 
How  certificates  of  state  Btock,  ».Vc.  re- 
transferred, 

Nob  B,  li<>\\   canceled, 

Residue  thereof, 
Bond  tu  lie  executed, 
Force  of  a  judgment, 
Execution,  how  issued, 
I  denomination  of  notes, 
Number  of  directors, 
Act  tu  amend  the  charter  of  the  Bank 
of  Richmond, 

Act  lit'   I Hil I  amended, 

State  securities  deposited  with  treasurer, 
Notes,  how  issued, 

\  bow  cam  rled  and  reissued, 

A'i  t"  amend  the  charter  of  the  Bank 

of  <  Charleston, 
Charfa  r  extended, 

and  discounts, 
Ci  rtilicates  Ht'  deposit,  &c. 
Denomination  of  notes, 
Quarterly  statements, 
Directors,  how  chosen, 
Ad  to  amend  the  charter  of  the  Danville 

Bank,  and  to  authorize  branches  for 

the  same, 

Act  <if  I  ".",»;  amended, 

Amount  of  paper  circulation, 

While  branches  may  be  established, 

Capita]  stuck,  how  provided  for, 

Minimum  capital, 

Act  to  repeal  an  act  passed  April  2d, 
[858,  entitled  an  act  requiring  the 
hanks  of  the  commonwealth  to  re- 
sume Bpecie  payments, 

Act  of  1858  repealed, 

Act  to  authorize  the  treasurer  of  the 
state  to  destroy  certain  bank  notes 
now  on  deposit   in   his  office,  and 

SUCh  as  may  lie  received  in  future, 
What  notes  treasurer  authorized  to  de- 
stroy, 

Act  concerning  coupons, 

Winn  stale  treasurer  absolved  from 

liability, 
Proviso, 


142 

142 

L42 
L42 
142 
L4S 
L42 
142 

L43 

14:( 
L43 

143 
1  i:: 
L43 
1 13 
L43 

111 
ill 

111 
111 
111 
111 
144 
J  11 
141 
144 

145 
145 

145 
145 
145 

L46 
146 
L46 
l  16 
146 
146 
14G 


147 
147 
147 
147 
147 
147 


117 
147 


11- 

148 

148 

148 
11- 


red  bonds  only  to  be  taken  as 

irity  for  hank  circulation, 

BATH    TOWN  OF). 

1854  ana  D 

When  election  to  be  held, 

Board  of  trusl 

President  of  hoard, 

Powers, 

Not  a  member  of  county  court. 

Appeals,  how  taken. 

When  first  election  is  t,,  be  held, 
How  conducted, 


148 


189 

i~:: 
i-.; 
183 
183 

l-:: 
l-:: 
183 


BERKELEY  r.nKUKK  GUARDS 
ARMORY. 
Books,  how  opened,  3  16 

( lompany  incorporated. 

Payments  on  subscriptions,  249 

BER  K E  LEY  SPRING S  SAVINGS  BA  N  K . 
Incorporated, 

BERRYVILLE  AND  CHARLESTOWN 
9  TURNPHCE. 

Act  of  1858  amended.  69 

Superintendent  of  road,  how  appointed,     69 

To  take  oath  and  give  bond,  03 

BETHANY  (TOWN  OF). 

Act  amended,  107 

Officers,  197 

BIRTHS,  DEATHS  AND  MARRIAGEa 

Code  amended,  43 

Duties  of  clerks  as  to  marriage  licenses.     4:*. 
Form  of  license.  43 

Record  of  tacts  to  be  made  by  clerk,         ■!'.'• 

I  hny  of  minister,  43 

Duty  of  clerk  in  relation  to  certificate  of 
mini  43 

( lopy  of  register  to  be  transmitted  to  au- 
ditor, 44 

:  r  of  births  and  marriages  to  be 

transmitted  to  auditor,       .  44 

Penalty  of  clerk,  44 

BLACKSBURG,  CATAWBA  CREEK  & 
FDSCASTLE  TURNPIKE  COMPANY. 

Act  Of   I860  amended.  66 

Books,  by  whom  opened,  66 

Route  <>f  road,  66 

Toll  -ales,  how  creeled,  67 

Company,  when  incorporated,  67 

State  subscription,  67 

BLACK  I.K'K  AND  PLASTER  BANK 
TURNPDIE  COMPANY. 

Branch  road  authorized,  ^65 

Act  amended,  65 

Road  to  be  divided,  65 

Routes,  65 

Costs  to  he  computed,  65 

state  subscription,  65 

Width  of  branch  road,  66 

BLANCH,  WILLIAM  H. 

1  damages  refunded,  335 

Conditions,  :;:;i; 

Sheriff  mot  released,  336 


INDEX. 


361 


BLAND  COUNTY. 

Boundaries,  45 

Commissioners  to  locate  county  build- 
hips,  4fi 
When  to  meet,  46 
Their  report,  46 
County  court  to  provide  for  payment 

of  land.  &  C.  46 

Compensation  of  commissioners,  47 

Commissioners  to  district  county,  Arc.  47 
Officers  of  county ,  when  and  by  whom 

elected,  47 

Duties  of  justices,  47 

Presiding  justice,  how  chosen,  47 

Election  of  officers,  how  chosen,  47 

C missioner  of  revenue,  when  term 

commences,  l~ 
ii8sk>nera  of  Qili  b,  Wythe  and 

Tazewell  to  make  separate  lists  of 

property  in  Bland,  1- 

School  quota,  how  apportioned,  46 
Dllties  of  slieritl's   of  Qiles,  Tazewell 

and  Wythe,  48 
Courts  of  said  counties,  their  jurisdic- 
tion, 48 
County   of    Bland    attached    to    16th 

judicial  circuit,  48 
-  subject  to  militia  duty  to  be 

termed  into  a  regiment,  48 
rial,  congressional  and  electoral 

districts,  vote  for  members  of  house 

48 

When  comity  courts  to  be  held,  49 

Duty  of  sur\'  49 

Road  '■  49 

What  courts  to  lay  road  levies,  49 

missioners,  49 

When  first  county  court  to  bo  held.  41) 

BOARD  <>r  PUBLIC  WORKS. 
To  appoint    commissioners    to  report 
venous   losses    sustained    by   indi- 
viduals. 324 

BOOTH,  MOSES  <;. 

i :  conditions,  333 

8 

BROOKE  AND  HA1  OUNTTES 

lUtmi  Lows  "/. 
:  amended,  816 

Who  to  work  roads, 

BROWNING, 

I 

BROWNE  GAP  TURNPIKE  COM 

aded,  910 

i  V!  1 « i 

Dunty  coin  •        '  21 1 

BU<   EUNGHAM   '  "I  \  I  V 

|;i  i:mm,  BPRING  AND  "11.  T  1M 
i  URNPIKE  <  OMPANY 


( lompany  incorporated, 
Summer  or  side  road, 


200 
909 


IUKNINC   SPRINGS  AND  OIL  LINE 

RAIL  ROAD  COMPANY. 

Commissioners,  206 

Capital  stock,  906 

When  company  incorporat.  .].  207 

Company  power  to  borrow  mi         i  907 

Incorporated  company  may  subscribe,  207 

When  company  may  complete  organi- 
zation, 207 

BURT,  WILLIAM  POTTER,  AND 
OTHERS 

Authorized  to  hold  lands  in  Virginia,         966 


CABELL  COUNTY  PETROLEUM 
COMPANY. 
Incorporated,  •  310 

Capital  stock,  310 

Real  estate,  310 

Rail  roads,  &c.  310 

CACAPON  AND  NORTH  BRANCH 
TURNPIKE. 
Preamble,  64 

Road  transferred, 

Assent  of  private  stockholders,  <  '■•"> 

Proviso,  65 

CAMERON  (TOWN  OF). 

Incorporated,  198 

<  Officers,  198 

Duties  of  mayor,  198 

Powers  of  council,  198 

Taxation, 

Order  and  good  government, 

Officers  to  he  chosen  by  council, 

Duties  of  Bergeant,  199 

I  >utie~  of  tn  a-urer,  199 

Rate  of  taxation, 
County  jail. 

Commissioners  to  superintend  elections,  900 
CAN  \\.  A   NAVIG  LTIOM  <  OMPANIE8. 

Little   Kanawha  navigation  com]  .. 
charter  of, 

I860  amended, 

Books,  how  opened,  and  hy  whom,  and 
whi 

k, 
If  insufficient,  how  increased, 
", 

ma]  company,  70 

ble,  70 

Title  of  agreement  of  oontn 

ilc  to  conn  70 

be  formed.  T  I 

•y  and  frai 
and   Kanawha 

.1 
'  I 

'  1 
Depth  A  /I 

71 

1 1 


362 


INDEX. 


1 .     ks,  size  of, 

Deptfa  of  '■■ 

How  Kanawha  river  to  1"'  improved, 

of  water  between  Richmond  and 
Buchanan, 
Of  Tide  water  connection  and  Richmond 

St        to  be  issued  to  stockholden  in 
James  river  and  Kanawha  company, 

What  interest  to  be  paid  th<  i 

I  of  stockholders, 

tolls  i"  l"-  regulated, 

Proviso  .-I-  to  tolls, 

How  lulls  lessened  below  minimum  rates, 

Management  of  company, 

nt  and  directors,  bow  appointed, 

1  [ow  president  appointed, 
at  Richmond, 
•it  Paris, 

Who  to  constitute  board, 

Proceedings  to  be  secorded  in  English, 

When  company  to  be  organized, 

When  to  commence  operations, 

When  to  complete  improvement, 

No  power  to  create  a  ben,  nor  sell  with- 
out consent  of  general  ussi-mbly, 

Semi-annual  payment  into  the  treasury, 

One  million  of  dollars  to  be  deposited, 

When  deposit  to  be  returned,  ami  on 
what  conditions, 

When  deposit  to  be  paid  as  damages, 

What,  if  company  fail  to  comply  with 
its  contract, 

What  to  be  paid  for  extension  of  time, 

Power  of  general  assembly  to  remit  for- 
feiture, 

Bond  issued  by  act  of  18(30  for  improve- 
ment of  Kanawha  river,  when*  to  be 
repaid, 

Whi  n  James  river  and  Kanawha  com- 
pany t«>  convey  its  pioperty  to  the 
Virginia  canal  company, 

How  Virginia  canal  company  may  dis- 
charge itself  from  annuity, 

As  to  European  stockholders, 

One  general  meeting  annually  in  Rich- 
mond, 

When  agreement  binding, 

How  delay  prevented  iu  commencement 
of  works, 

Attestation, 

Company  incorporated, 

i ue  .if  Virginia  (.'anal  Company, 

Limitation  as  to  real  estate, 

I;       ictions  as  to  trailing,  &c. 

As  to  manufactures, 

By-laws  ami  regulations,  bow  made, 

Not  u>  subscribe  to  stock  of  other  com- 
panies, 

Restrictions  as  to  liens, 

Kanawha  improvement, 

How  directors  appointed, 

How  long  to  continue  to  have  control, 

When  Virginia  canal  company  to  be 

vested   with   rights  of  .la 9  river 

and  Kanawha  company  in  Kanavi  ha 
river, 

When  mortgage  of  state  to  he  released, 

Precedent  conditions  of  conveyance, 
When  conveyance  to  be  made, 


76 


Pending  sui  30 

When  state's  interest  to  he  transferred,  BO 

When  mortgagee  to  he  released.  -1 

Rights  of  n.w  company  after  transfi  r,  31 

Annuity  to  the  state,  81 

Interest  to  he  paid  to  stockholders,  -I 

When  to  (.  -| 

Capital  stock.  89 

of  what  composed,  B -' 

I  low  Btoch  to  he  renewed,  88 

Proportion,  38 
What,  when  one  share  i<  held. 
What  to  constitute  part  of  minimum 

capital,  38 

How  honks  .if  subscription  opened,  33 
When  minimum  capital  obtained,  li»ct  to 

he  certified, 

Duty  of  Board  of  public  works,  33 

Mow  capital  may  he  increased,  33 

1 1"\\  stuck  transferred,  33 
James  river  and  Kanawha  company  to 

transfer  as  trustee  tor  stockholder,  83 
If  not  applied  tor  in  live  years,  how 

applied,  84 

Stock  personal  estate,  84 
Governments  not  permitted  to  be  stock- 
holders. 84 
Transfers  of  stock  in  foreign  office  to  bo 

certified.  84 
Foreigners  to  he  subject  to  tribunals  of 

Virginia,  84 
How  meeting  of  stockholders  convene' 

Winn  incorporation  to  commence,  85 

Winn  annual  meetings  to  he  held,  85 

Called  meetings,  85 

Meetings,  how  constituted,  85 

Proxies,  how  appointed,  ^> 

Proceedings  to  he  kept.  36 

Votes, 

How,  upon  stock  transferred  within 

Bixty  da]  s.  86 

President  and  directors,  86 

How  appointed,  ~,; 
Appointment  of  president  to  be  approved 

by  the  governor,  86 
Vacancies,  how  tilled,  >ti 
Duties  and  powers  of  president  and  di- 
rectors, 87 
Quorum,  8? 
How  proceedings  recorded,  87 
Journal,  87 
Books  of  accounts,  S7 
Subject  to  inspection,  87 
<  Mfice  at  Richmond  and  branch  at  Paris,  87 
Meetings  of  hoard  of  directors,  87 
Officers,  88 
linn, Is,  88 
How  compensation  of  president  and 

directors  fixed,  88 
Stock  of  delinquents,  how  payment 

enforced,  88 

How  disbursed,  88 
Remedy,  if  stock  sells  for  less  than 

amount,  88 

Winn  Btoch  assigned,  88 

Who  owner,  88 

European  parties,  89 

How  transfers  made,  89 

How  new  certificates  Issued,  89 

1  How  lost  certificates  renewed,  89 


INDEX. 


363 


Surveys, 
Restrictions, 
Seal  esti  te, 

A  III-  milt    to  lie    held. 

Canal  to  Greenbrier  river. 

How  much  land  may  be  held, 

Reservoirs, 

When  land  to  1"'  sold, 

Lands  along  line, 

Proviso, 

Assessors, 

I  low  appointed, 

Vacancies, 

Oath  of  assessor, 

Duty  of  assessors, 

t<>  im  ner, 
Report  of  assessors, 
Where  report  returned. 
How  confirmed, 

What  dune  in  case  of  disagreement, 
How,  when  report  confirmed, 
What  may  be  d.me  pending  proceed- 
ings, 

In  ease  injunction  may  be  awarded, 
"When  owner  may  apply  to  assessors, 
Duty  ol 

i  dings  in  court, 

Title  vested, 
Right  of  appeal, 

]  >amag<  b  tor  unforeseen  injuries, 
Damages  tor  wanton  injuries, 
Change  of  location, 
Lands    condemned,   to    revert    upon 
change  of  location, 

Not  to  occupy  streets  in  a  town  with- 
out consent, 
Company  may  cross  n         a 
How  alteration  in  road  may  lie  made. 

Works  of  canal  company,  how  crossed, 
B         ation  tor  connecting  works, 

•  to  materials, 
i.' 

\       •  rs,  how  appointed, 
Tlieir  duty, 

in  court. 
1  )uty  ot  oners, 

Tlieir  report. 
I 
1         .  how  removed, 

I  I  improvement, 

I I  rk, 
iond  dock, 

I.        hoik]  to  I.yncliliurp, 
\  i  inpany  ne,; 

with  Rivanna  navigation  company, 
I '  in  Lynchb 


1' 

I 

w 

1' 

I 

I' 


1  gton, 

I 

rtfa  and  width  of  | 
k<-  and  dams, 
awha  river. 


69 

DO 
90 
90 
90 
90 
ltd 
90 
90 
91 
91 
91 
91 

!»1 
91 

99 

92 
:t:: 
93 
93 
93 

93 
93 
'.'I 
94 
94 
94 
94 
94 
94 
96 

96 
95 

95 
95 

96 
96 
98 
98 

96 
96 

:»: 

'.'7 

97 

'.i? 
:•- 
'.•- 


Bine  Ridge  turnpike,  101 

Repairs  and  preservation  of  turnpikes,  101 

Width  and  depth  of  caual,  l<l| 

Towpaths,  101 

Tidewater  connection,  101 

Repairs,  108 

Dredge  boats,  102 

Changes  of  line,  LOB 
Alteration  to  he  reported  to  Board  of 

I  ml  die  works.  103 

Power  of  Board  of  public  works,  LOS 

Injunction.  102 

How  alteration  may  he  made,  103 

Change  of  line,  LOS 

1  low  may  he  made,  103 

How  change  may  he  made  west  of  the 

bany,  103 
Navigation,  how  long  may  be  inter- 
rupted. 103 
When  notice  to  he  given  to  the  Poard 

of  public  works,  103 

Penalties,  104 

When  works  to  he  commenced,  L04 

When  completed,  104 

Sum  to  he  deposited.  L04 

When  to  he  returned,  105 

Proviso,  105 

Failure  to  complete  work,  l".~> 
When  deposit  to  he  paid  as  damages, 
When  property  to  revert  to  James 

river  and  Kanawha  company,  105 
When    meeting    of  James    river  and 

Kanawha  company  to  he  enlivened.  L05 
Extension  allowed  to  Virginia  canal 

company,  106 

General  assembly powerto extend  time,  lot; 

Commissioner,  how  appointed,  106 

Rights  and  privili  106 

Report  of  proceedings,  how  instituted,  106 

( lommissioner  to  examine  lii  L06 

Peport.  L06 

Proceedings  thereon,  l"T 

Work  free  for  use,  L07 

ii  of  ten  miles,  I "' 
Pivers, 

Kanawha  turnpike,  L07 
Bridges  and  fen 

Tolls,  how  regulated,  106 

Rate  thereof,  106 

Company  may  reduce  tolls,  106 
ToUl  on  Kanawha  river, 
Tolls  on  tumpiki  -. 
( »n  bridges, 

Toll  on  boats  and  |  LOS 
I                                   i  quartazry,  or 

omuting  toils. 
Exemptions  from  toll, 
Greene 

\  ]  in 

i  l  in 

Who  to  pay  toll.  Mo 

:rt.  [10 
I  M 

Who  i  aempt,  1 1" 

i  no 

ii" 

l  H 

bea,  ill 

111 

What  :  111 


3G4 

tnent  of  pai 
i  lulls  to  be  published, 

to  1"-  paid, 
Forfeiture,  if  not  paid, 
I  > u t y  of  collector, 
Penalties  on  collector, 

•v  for  failnre  to  pay  over, 
how  colli  I 
Damaj 

l        on  troops, 
i     -  on  Kenan ha  rh 
Provisions  for  enforcing  colli . 
Attachments,  how  sued  out, 

Powi  r  of  receiver  of  tolls, 

!.v- 
Penalty  t'<>r  Bhipping  without  paying 

tolls'. 

Dh  idenda, 

Net  profits  not  to  exceed  16  per  cent 

Annuity  to  state,  -when  to  be  paid, 

Two  and  a  half  per  cent,  to  private 

When  property  t"  be  sequestered, 

Duty  of  attorney  general, 

Property,  how  seqnesfa  ted, 

i '      iver  appointed, 

How,  in  case  of  failnre  to  pay  stock- 
holders, 

How  dividends  to  other  parties  paid, 

Dividends,  where  to  be  paid, 

Dividends  ti>  be  credited  against  debts, 

When  directors  liable  for  illegal  divi- 
dends, 

of  dividends, 

Uncalled  for  dh  idends, 

Inspectors  of  boats, 

1  toes  and  harbor  masters, 

Their  duties. 

When  control  of  harbor  master  o 

Duties  of  dock  masters, 

Penalty  for  refusing  to  obey  dock  mas- 
ter, 
P<  ace,  hew  preserved, 

ptions  from  working  on  roads, 
From  militia  duty, 

Bights  of  navigation, 

Limitation  as  to  dams, 
Fish  traps, 
Buoj  s, 

'US, 

BingB, 

how  used, 

Water  power,  how  sold, 
Water  for  armory, 

I  ■  9  of  state. 

When  report  to  be  made, 
Duty  of  Board  of  public  works, 
Penalty  for  failure  to  make  report. 
Failure  to  report,  how  proceeded  for, 

Taxation. 

( lompany,  when  to  organize, 
When  chatter  may  be  abrogati  d, 
Disposition  of  property  when  corpora- 
tion is  dissoh  ecf, 
When  dames  ri\  ar  and  Kanawha  oon> 

panj  restored  to  its  rights, 
Deed  of  James  river  and   Kanawha 

Company,  when  to  be  enforced, 

Bights  of  private  stockholders, 

Of  6tate, 


INDEX. 

ill 

How.  if  Board  of  public  works  i 

111 

188 

LIS 

112 

«   LPPEB  SPRINGS  COMPANY, 

US 

porated, 

112 

Lands  and  property, 

Capital  stock. 

•,•::? 

112 

IIS 

personal  estate, 

118 

<  tffil 

118 

113 

CARROLL    MINING    Wl>    MANUFi 

113 

TUBING  COMPANY. 

113 

Lncorporati  d, 

301 

113 

Powers  of  company, 

113 

Real  estate, 

Capita]  stock. 

lit 

Officers  of  company,  how  managed, 

306 

lit 

Authority  of  president  and  directors, 

<  mice,  when  held. 

309 

114 

309 

II  1 

CASEY,  CHARITY. 

LI  5 

Bighf  of  estate  transferred. 

[15 

Proviso, 

330 

115 

115 

CENTRAL  BANK  OF  VIKM.IM A 

115 

See 

L31-2 

115 

CHAMBERS,  BOBERT. 

116 

Securities  released, 

:;::;» 

116 

116 

(11  LNCELLOR,  THOMAS. 

"Wharf  may  he  erected. 

866 

116 

116 

CENTRAL  SAVINGS    BANE    OF 

THE 

117 

CITY  OF  RICHMOND. 

11? 

Incorporated, 

388 

117 

117 

CHARLESTON  (BANK  OF). 

117 

See 

146 

117 

CHARLESTON  (TOWN  OF). 

II- 

Chattel-  amended, 

171 

1 18 

Corporate  limits, 

171 

1 18 

Municipal  authorities, 

171 

1 18 

Tow  n  incorporated, 

171 

119 

Corporate  powers,  where  vested, 

171 

II!) 

Tow  a  sergeant, 

171 

119 

By  \\  hom  officers  elected. 

17.". 

119 

Term  of  office, 

17.". 

119 

Qualification  of  maj  or,  &  c. 

175 

119 

When  alecflon  held, 

17.-. 

120 

Who  may  vote. 

177. 

120 

\  J.  .nicies. 

177. 

120 

Vh a  voce  voting, 

177. 

120 

In  case  of  a  tie. 

177. 

121 

( lontested  election, 

17.'. 

121 

Oath  of  officers, 

IT.'. 

121 

When  former  council  superseded, 

176 

L21 

When  mayor.  Ac  to  enter  on  duties, 

176 

L21 

When  new  election  held, 

176 

121 

Vacancy  in  council, 

17.; 

L22 

Quorum, 

178 

Journal  to  he  kept, 

I7(i 

122 

Proceedings  to  he  read, 

17(1 

Who  to  vote  in  council, 

177 

L22 

Powers  of  council, 

Power  to  pass  ordinances  and  establish 

177 

122 

wharves. 

177 

183 

Annual  estimate  of  expenses 

177 

183 

On  whom  levy  to  bo  assessed. 

177 

INDEX. 


3G-5 


Town  licenses,  179 

Revenue,  how  collected,  179 

Powers  of  Bergeant,  179 

Lii  ii  on  real  estate,  179 

Delinquent  real  estate)  how  sold,  IT:1 

Shows,  &  a.  ln.iv  be  prohibited,  b-'ii 

Bonds  of  "ii'  180 

Duties  of  mayor,  his  compensation,  L80 

Duties  of  record'  r,  180 
Who  is  to  act  in  case  of  absence  of 

major  and  recorder,  181 

Duties  <■('  sergeant,  1 81 

His  compensation,  181 

Moneys,  how  paid  over,  181 
How  money  recovered  from  treasurer 

on  failure  to  paj  over,  181 

Oaths  of  offii  i--' 
Remedy  against  sergeant  fur  neglect 

of  duty.'  182 
Town  and  citizens  exempt  from  poor 

rate  A  i  [62 

Former  powers  of  town  continued.  1 -J 

CHESTERFIELD  CAB,   LOCOMOTIVE 

AND  A« I  B  K  ULTURAL  IMPLEMENT 
COMPANY. 

See  -  2*5-6 


CHR1 BT I A  NSBTJRQ  (TOWN 
Corporate  limits. 
Offio 

Pow»  i  of  council  as  to  sergeant, 
Quorum, 

<  Mliir  officers,  bow  appointed, 
Powers  of  council, 

Appeals,  how  taken. 
Exempt  from  county  roads, 

Code,  chapter  M. 


OF). 


President  and  directors,  298 

Annual  meeting, 

Office  in  New  York,  298 

COMMISSIONERS. 

Of  Virginia  to  peace  conference  at  Wash- 
ington and  to  southern  states,  36 

Amount  to  commissioners  to  peace  con- 
ference. 36 

Allowance  to  John  Tyler,  liii 

'  issioners  to  president  and  to  the 

sect  ded  -:  36 

ITow  paid,  '.',7 

Joint  resolution  concerning,  to  meet  com- 
missioners from  other  Stan  :'>o7 

To  audit  and  pa]  ol  invasion 

at  Harpers  Ferry,  341 

Resolution,  341 

COMMISSIONERS  OF  REVENUE. 

When  county  court  m;iv  allow  commis- 
sioners to  qualify,  56 

Limitation  as  to  time,  Mi 

Provisions  as  to  bonds  of  commissioners,     56 


COMMONWEALTH'S  CLAIM 

To  real  estate  reli  ssi  d, 


325 


COMMONWEALTH'S  INTEREST. 

In  rail  road  and  st e; i  m  boat  companies,  <"d 
Companies  authorized  to  purchase  stock .  61 
Object  thereof,  61 

COMMONWEALTH'S  SAVINGS  BANK. 

Of  Richmond,  incorporated, 

<  ONAWAY,  JOHN. 


1-7 
188 
188 
188 
188 
[89 

189 

l-:i    Board  of  public  works  to  appoint  com- 

I-:' 
189 


<  OAL  AND  mil  COMPANY  OF 
BRAXTON. 

294-5 

Euoa 

at  allowed  t  and  house 

of  delegal  57 


•  i  l ; <  i«-\  01    A  STATE. 
ition  upon, 


MM!  i:<  E    BANE  0 

130-40 

(  ODE  OP  vntoiNii 

ble, 

Amount  ap] 

<  OL1  i:\im    MINING   \M>  MAND- 

I  \<  I  i  i;i\«.  <  OMPA1 

my, 

I:  ;•     A 

<#vod  in  pnvmn 

w 


missionen  to  assess  damsj 
Th<'ir  report, 

<  ONNELL,  JAMES  B  .  ET  AL. 
Amount  appropriated, 
Erroneous  assessment,  for  what  years, 

CONVENTION 

To  provide  tor  electing  members  of  a 
mention  and  corn  •  ne  I 

Duty  ot 

When  el<  i  tion  held, 

c  to  the  ]"  ople  of  the  action  of 
tion. 

Mow  poll  to  be  i,' 

I  >utv  of  ofti 
Returns,  how  made. 
Number  ol  m<  ml»  r<-.  how  cl 

Who  eligible, 

Who  I.' 

How 

I 

'  ■  Id. 

'' 

Li}*  M  I  Si  ]■  'ii  1 k-. 


3ie 

318 


84 

■.'1 
'24 

84 

25 
85 
86 

86 

26 


366 


INDEX. 


imation  by  the  governor, 
'  ,ct.  bow  dutribnti  d, 

WKTS. 

Governor  to  employ  on  puMk  bulld- 

.  A  c. 


•j: 


344 


CORONER'S  INQUE81 
In  counties  of  New  Kent,  Charles  I 

263 
When  juron  I  pay,  889 

COUNCIL  OF  RICHMOND  CITY. 
T<>  construct  mil  roads,  807 

Act  of  I860  amended, 
Wlin  may  construct  rail  roads, 

:n  Richmond,  908 

Win  ii  rail  mails  to  be  COmp] 


(  Ml   I'.ins. 


COURTNEY,  JAMES  R. 
Securities  released, 
Sheriff  not  released, 


148 


333 
333 


COVE  CREEK  LEAD,  COPPER  AND 
[RON  MANUFACTURING  COMPANY. 
Incorporated,  309 

I  :1  stock,  309 

Real  estate,  310 

COVINGTON  AND  OHIO  RAIL  ROAD. 
Joint  resolution  for  relief  of  contractors 
on,  341 


CROLLY.  HUGH,  ET  AL. 
Preamble, 

Suit,  how  proceeded  in, 

CROXTON,  WILLIAM  8. 
Amount  refunded  to  persona]  repre- 
sentative of, 


See 


DANVILLE  BANK. 


329 
329 


::-.'- 


147 


DANVILLE  CIRCUIT  COURT. 
Act  of  I860  Amended,  38 

Time  of  holding  circuit  court  of  Dan- 
ville, 38 

DANVILLE  (TOWN  OF). 
Who  may  be  employed  on  streets,  1-1 

Vagrants,  184 

DANVILLE  KAIL  ROAD  COMPANY. 
I860  amended,  60 

J  iter,  ase  of  stuck,  60 

Route  of  road,  60 

DAVIS*,  THOMAS  K. 

Securities  released;  conditions,  334 

Sheriff  not  released,  :v.\\ 

DEAF,  DUMB  AND  BLIND  NEGROES. 
Institution  incorporated,  245 

Power  to  purchase  real  estate  245 

How  managed,  246 


DEFORD,  BENJAMIN  AND  ISAAC 
Amount  appropriated,  381 

Erroneous  assessment,  381 

County  court  to  i  at,         381 

DELINQUENT  LANDS 
Duty  of  auditor  to  collect,  55 

Upon  failure,  how  luita  may  be  insti- 

tlllnl. 

Where  brought,  66 

Proceedings  therein;  duty  uf  court. 
Amount  t"  be  paid  to  the  credit  of  the 

Literary  fund, 
Proceedings  aa  against  sheriffs,  dfco.  66 

DELmQUENT  TAXES. 
Of  the  year  I860, 
Joint  resolution!  concerning, 

DISSOLUTION  OF  THE  UNION. 

Join!  resolution  concerning  the  posi- 
tion of  Virginia  In  event  of,  337 

DIVORCE. 

Code  aiuendi-d,  41 

How  decree  for  divorce  revoked,  41 

How  divorce  a  vinculo  may  be  had  du- 
ring a  divorce  a  inensa  it  thorn,  49 


EHEXKZER  ACADEMY. 
Trustees  authorised  to  sell, 
Money,  bow  appropriated, 

EDMUNDS,  CELIA 
Preamble,  336 

Jurisdiction  of  circuit  court  of  Fauquier 

county,  :'."l 

How  decree  changed,  331 


See 


ELLCTlnN   I'hT.t  1M   IS. 


345 


ELK  RIVER  TURNPIKE  COMPANY, 
( lapital  increased,  « »T 

liiiuks  of  subscription,  how  opened,  67 

Proviso,  (»7 

EXPRESS  COM  LAN  V  (SOUTHERN 

See 


EUBANK,  E.  N. 
Amount  appropriated  for  relief  of, 


31  t 


r.xciiAM.i:  hank  of  Virginia. 

See  127 

Amount  appropriated  to  pay  for  lost  cou- 
pons. 32] 
Security,  ::-ji 


FAIRFAX,  STAFFORD  AND  KING 
GEORGE. 
To  prevent  trespasses,  &c.  on  tbo  waters 

of  the  Potomac,  &  o.  259 

Act  of  I860  amended,  259 

Penalty  for  hunting,  &c.  259 


PARLEY,  PAUL  A. 

Amount  appropriated. 


312 


INDEX. 


367 


FAYETTE  OIL  AND  COAL  COMPANY. 

li rporated,  304 

Powers  of  company,  :;"t 

Capita]  stock,  _     305 

Real  .-.Mate,  805 
General  powers, 

Rail  i'  :;""' 

FRANKFORT  (TOWN  OF). 
Act  of  1858  amended, 

Offici  200 

Ho  ••  chosen,  800 

nt  to  give  bond, 

FARMERS  BANK  OF  VIRGINIA. 

See  126 

FARMERS  AND  MECHANICS  INSU- 
RANCE COMPANY  OF  THE  CE  X 
OF    RICHMOND. 

porated,  216 

Capital  stock.  218 

Upon  what  insurance  may  be  made,  218 

Funds,  how  inv  -  218 

Policies,  how  in\  i  21  ~ 

Policies,  how  bind  21 8 

Affairs  of  company,  how  managed,  218 

is,  219 

Agents,  how  appointed,  219 

i  219 

be  in  nature  of  bank 

219 

FARMVTLLE  AND  BUCKINGHAM 

]•!  \\K   ROAD  COMPANY. 

1 852  amended,  215 

Company  incoip  rato  d,  215 

Width  and  grade  of  road,  216 

FIFTEENTH  JUDICIAL  CIRCUIT. 

I860  amended,  39 

FISHER] 

tion  of,  in  Chesapeake  ami  its 

itaries,  below  tide  water, 
<  prohibited,  257 

Comp 

:  •  is  improp  rly  i 

Additional  pi  naif 


11. lit  HER,  MAST. 

i  nl  of, 


FLUVANNA  AND  ALBEMARLE 

161 

11  iv w\\  com 

Authn 

t<.  ni  lun- 


1  ESB. 

REIGNERS. 

■  - 


Quantity. 

How  lands  may  p  265 

FORFEITED  LANDS. 
See  55 

S»     Di  linqnent  Lands. 

FOWLKES,  PARSHA  A.  &  JOSEPH  C. 
Amount  appropriated,  318 

FREDERH  KSB1  RGAND  BALTIMORE 
STEAM   BOAT  I  OMPANY. 

275 

FREDERICKSBURG  (TOWN  OF). 
rate  limits  extended,  L98 

Boundaries,  194 

FREE  NEGROES. 

Their  voluntary  enslavement  without 
compensation  to  the  commonwealth, 

How  free  persona  of  color  may  enslave 
themseh  i 

Procei  dings  in  court,  68 

Court  may  decree  enslavement  with- 
out compensation  to  the  state,  52 
not  to  i"  come  chargeable,             52 
How,  as  t"  children  of  enslaved  ne- 

Bonds  to  be  givi  n,  52 

■  dings  i"  be  enter*  '1  of  record,  53 
Claim  to  sen  ice  of  children  t<>  be  en- 

tered  of  record.  53 
How,  as  to  children  who  have  been 

bound  sait.  53 

Acts  inconsistent  hi  rewith  rep  53 


GARLAND,  THOMAS. 

Enslavement  of, 


NERAL  HARRY  I.i 
Am<mnt  appropriated  to  remove  re- 
mains 
Whi  re  remains  to  be  carried, 

GILMER  "it,  Mi\!\<.   AND  MANU- 
FACTURLNG  <  OMPANY. 

OLIVES 

ement  of, 

GOVERNOR 

''••  n. 

How  p  'lid. 

Authoi 

■ 
Anth<  ''ill. 

& 

GUANO   IND  PLASTER  OF  PAB 

111 
uild  mill,  164 

1  1 


INDEX. 


GUYANDOTTE  (TOWN  OF). 


Chart.  I 

184 

Municipal  authoril 

l-l 

T.iw  D 

l-l 

How  «•••                 ]  ■.  term  of  office, 

1-:. 

.  council, 

186 

1 

186 

of  election, 

1-:. 

<                 ■  lections, 

185 

\      incy  in  council, 

i-:, 

Quorum, 

186 

P                  inncil, 

186 

Mayor  justice  of  ] 

186 

Compensation, 

186 

1                        A       ontinm  d, 

186 

Comn                         Bon, 

186 

HALL,  M.  C. 

menl  release  d, 

::::■.- 

Judgment,  how  settled, 

:;:;■_' 

HAMPSHIRE  COUNTY. 

1          lion  of  leather, 

2C2 

HA  KM  »V  AND  PAGE. 

<        til  courts, 

38 

Code  amended, 

38 

12th  circuit, 

38 

HARPER,  JOSEPH  W. 
Amount  refunded,  if  paid  into   the 

treasury,  315 

HARVEY,  NATHANTELgp. 

Amount  appropriated  for  relief  of,  312 

HEBREW   BENEVOLENT  SOCIETY. 

<  candria,  incorporated,  243 

bold  property,  2 13 

Rules  and  regulal  2 1 1 

Aii  subject  to  repeal,  2 1 1 


HENRICO  COUNTY. 
Ad  tn  provide  for  taking  the  sense  of 
the  people  of,  upon  gii  ing  authority 
to  tin-  county  court  to  raise  by  loan 
money  for  arming  the  county, 
Commissioners  t"  open  polls, 
Result  of  -\  "i.-,  how  certified, 

]  >utv  of  court, 

As  to  repayment, 
Duty  of  sheriff, 


HOGE,  CHARLES  A.,  ET  AL. 
Reassessment  of  lands  authorised, 
To  l»-  according  to  present  value, 
J  low  entered  on  commissioner's  boosts, 
How  certified  to  auditor, 


HOLDEN,  CHARLES  (Deceased). 
Commissions  and  damages  refunded,       :::'.'; 


246 
246 

'Jin 
246 
246 
246 


317 

317 
317 

::I7 


HOLLAND,  MRS.  LUCY. 
Amount  refunded  t". 


317 


HOME   MINIM:   AND  MANUFACTUR- 
ING COMPANY. 
Incorporated,  306 

Powers  of  company,  306 


Capital  stock, 

Subject  to  pxi«ring  laws. 


306 
306 
306 
306 


HOME  >A\  INGS  BANK 

In  the  city  of  Richmond,  inc  irporated,  230 

Capital,  "  230 

Subject  to  repeal,  230 


HOPKINS  A   CAMPBELL. 
Amount  appropriated  for  reli<  I 


311 


HOWARDSVD1LEANDSCOTTSVIJ 
Towns  of,  to  raise  a  battalion,  -.'17 

HOWARDSVILLE  (BANK  OF). 

See  111 

HUGHES1  CREEK   OIL  AND  COAL 
COMPANY. 

See  292 

HUNLEY,  THOMAS  M. 
Qualification  and  bond  made  legal,  327 

( jffice  not  vacated,  327 


INDEPENDENCE  MALL  AND  FEMALE 

COLLEGE. 

Incorporated,  '-':;:; 
Control  of  college, 

Duties  of  treasurer, 
Stock,  how  raised, 

Minimum  and  maximum, 

Who  to  have  interest. 

Stock  personal  estate,  '-'    I 

TOWN  OF  ENDEPENDEN4  E 

Town  incorporated,  193 

Officers,  193 

Powers  of  council,  193 

l'residi  lit  of  council,  193 

Powers  of  justice  of  peace,  193 

i  lommissioners,  193 

INSPECTION  OF  LEATHER 

In  Hampshire,  262 

Inspector,  how  appointed,  262 

Duties  of,  262 

Brands;  fees,  269 

( iounterfeiting  brands,  &c.  -'»;•,> 

I  Nsl   BANCE  ( '<  )M1'A.N  V  <  H'TI  I  E  STATE 
OF  \  IRGINIA  AT  RICHMOND. 

Act  amended,  227 

Name  of  company,  221 

Sights  and  privileges,  'Jv.'7 

Capital  stoek,  227 

INTERNAL  IMPROVEMENT. 

Code  amended,  41 

Toll  to  be  paid,  41 

What  officer  may  examine  on  oalli,  41 

What  penalty  for  false  swearing,  41 

1  >uty  of  collector  as  to  violation  of  act,  41 


JACKSON  AGRICULTURAL  SOCIETY. 
Incorporated,  2b0 


INDEX. 


369 


Powers  of  company,  280 

Directors,  how  appointed,  and  number,  280 

JACKSON   ORPHAN  ASYLUM   OF 
NORFOLK. 

Act  amended,  241 

As\  linn  incorporated,  241 

int  and  managers,  242 

How  appointed,  242 

Officers,  how  appointed,  242 

Books  of  accounts,  242 

Annual  m<  eting,  242 

Othi  r  meetings,  242 

Power  to  hold  real  estate,  242 

Rules  ami  regulations,  243 

Orphan  children,  2413 

JACKSON,  WILLIAM  G. 

Preamble,  322 

Second  auditor  to  issue  his  warrant,  322 

Security  to  he  taken,  323 

JAMES  RIVER  CANAL  COMPANY. 

60 

JAMES  l.Tvr.R  SHOE  AND  LEATHER 

MANUFACTURING  COMPANY. 
ft  e 

JAVINS,  THOMAS. 

Amount  appropriated,  320 

Bow  due,  320 

JEFFER80N    COUNTY,  DISTRICT 
FREE  SCHOOLS  OF 

Act  amendi  1.  240 

Duty  of  hoard,  240 

Clerk  anil  treasurer,  2 In 

Bond,  ami  penalty,  240 

1.        dy  upon  bond,  .  240 

• 
JEFFERSON    [NSURANCE    COMPANY 

OF  ALBEMARLE. 

A' t  amendi  d.  219 

i  .  how  invested,  219 

bow  held, 

.11  1TI  Kfi  NTY. 

with  sheriff  of,  how  made, 

.11  1  111. 

of,  amount  appropriated  for  cx- 
peDO  I  attending, 
In  whose  f&Tor,  58 


JOHNSON,  1  DWARD 

Amount  appropriati  '1  I 

i   9,  J  \Mi 

Amount  appropri 

Amount  ap] 


Eta 


■  W  1 1  A    .-  ' 
24 


315 


311 


BH 


KING,  WILLIAM  W. 

Board  of  public  works  to  appoint  com- 
missioners to  report  losses  sustained 

by,  324 

Oath  of  commissioners,  324 

KNOB  TURNPIKE. 

Act  of  [860  amended,  03 

Koute  of  road,  (*>4 
Capital,  G4 
When  incorporated.  (il 
How  construct!  d,  64 
Court  of  Washington  county  may  sub- 
scribe, 64 
State  subscription,  64 
Pavnu  nts  pari  passu,  64 

KENO. 

Code  of  Virginia  amended,  40 

Keno  included  among  prohibited  games,  40 

LAUREL  VALLEY  COAL  AND  OIL 
COMPANY. 

In  the  county  of  Mason  incorporated,  300 

Capital  stock,  300 

Real  estate.  300 

Rail  roads,  300 


LAYNE,  A.  C. 
Commonwealth's  right  released  to, 


323 


LEESBURG   AND   ALDIE  TURNPIKE 
COMPANY. 

Comn  212 
Pout.  212 
Company  incorporated,  212 
Width  of  road,  212 
Toll  gates,  212 
County  court  of  Loudoun  may  sub- 
scribe, 213 

LEESBURG    \M»  POINT  OF  BOCKS 
I  URNPIKE  COMPANY, 

Conn.  213 

il  stock,  lis 

Route  of  ra 
Company  incorpoi  213 

Width  of  road,  813 

Toll  g 

County  of  Loudoun  may  subscribe,  214 

LEW18BURG  FEMALE  IHSTITU'J  E 

uicnded, 

limit  \-n<'N  OF  3UTT8, 

■  haoy 

1  '■  d.  42 

Time   within   w  1  may  bo 

brought,  u 

N 

y 

Eh  ■■  ;•  lotion  to. 

LI  il  \   MINUS 

■,'   ii  RING  I  "Ml"' 
See 


370 


INDEX. 


LITTLE    KANAWHA    NAVIGATION 
IIPANT. 
Bei 


I  OST  I  OUPONS 


Bat 


LOUDOUN  (  "IN  IV    /' 


' 

316 

w 

216 

•pointed, 

•J  17 

\ 

217 

1 

■,M7 

. 

'J  17 

j  or, 

'J  17 

Accounl 

'J  17 

A l • .- 1 1 ; i ■  t  to  !  ■   ;■  ■      lh<  1. 

'.'17 

Timber  and  b( 

•J  17 

M   \  \  1  !'■    LSI  l.l 

•14 

of  lunatic  asylums, 

11 

II  NENBURG  (  OUNTY. 

Authorized  to    appropriate  certain 
money  t"  uniform  and  i  gu 
un(c»  r  compai 


247 


I  w    HI  :  Rl      IRMS    AND    ENGINE 

MANUFACTURING  1  OMPANY. 

Incorporated,  '-'71 

Object,  '-374 

Capital,  '371 

\    wi>  COMPTON. 
Amount  appropriated  for  relief  of,  316 

Pmvi  -i  J  *> 


VI  WTFAC'ITIMNO  COMPANIES. 
Virginia  boot  and  Bhoc  manufacturing 

npany  incorporat  l.  281 

if  subscription, 
In  what  stock  may  be  paid, 
r  company, 

r     i  of  business  to  be  made  known,       282 
r  boot,  Bhoe  and  leather 
manufacturing    company    incorpo- 
rated, 
Capital  stock, 

a  of  company, 
/  how  appointed, 

I 

Amhcrsl  and  Nelson  woolen  manufac- 
turing company  Lncorporal 

k, 

( '  i  cotton  and  woolen  company 
incorpoi  i 

Seal  i  284 

(       tal,  284 

Rocky  point  lime  and  marble  manu- 
facturing company  incorporated, 

Capital  Btock, 

Virginia  car  Bpring  company  incorpo- 
rated. 

Chesterfield  car,  locomotive  and  agri- 
cultural implement  manufacturing 
company  incorporated,  285 

Commissioners,  286 


Capital, 

of  company, 

B 

Funds,  bow  invi 


2^6 

2-v, 


Southern  manufacturing  company  in- 

286 

A  287 

1  stock. 
Stock   may  be  Issued   for  purchase  of 

real-  287 

•  affairs  of  company,      283 
M  LRION  MAGNETIC  EROH  COMPANY. 

Incorporated,  306 

Capital  stock,  9  '7 

Real  estate, 

Powi  rs  of  company, 

Rail  roads,  307 


Id  \KION  (TOWN  OF). 
Commissioners. 
Election  provided  for, 
Power  of  trustees, 

U  \l  THEWS,  FANNY. 

Enslavement  of, 

MARYSVILLE  PLANK  ROAD 
COMPANY. 

Sale  of,  confirmed, 


201 
201 


254 


69 


MAsox  city  minim;  AND  MANU- 
FACTURING COMPANY. 
In  the  county  of  Mason,  302 

Capital, 

Seal  •  302 

MARYLAND  AND  VIRGINIA  COAX 

Oil,  COMPANY. 
In  the  count  vol  Taylor  incorporated,      296 

Capital  stork, 

B  ioks  of  subscription, 

i  Ql  and  direct. itB, 

Seal  .state, 

Rail  roads,  300 

Bow  Stock  tnmsferrcd,  300 


Sco 


McCUNH.  I'ATRICK. 


329 


oil 


321 
321 
321 


Mcdonald,  angus  w. 

lution  giving  bim  right  to  publish 
certain  manuscripts, 

McGUTRE  &  CO.,  JAMBS  G. 

Audi;  warrant, 

Amount, 

Security  to  be  taken, 

Ml  DOWELL  (COUNTY  OF). 
Former  acts  repealed,  51 

Election  to  be  held  on  1th  Monday  in 

May  to  determine  location,  51 

Location  determined  on,  in  case,  of  a 

majority  not  being  given  for  either,  51 

MANCHE8TEB  SAVINGS  BANK. 
In  the  town  of  Manchester,  229 

Incorporated,  229 


INDEX. 


371 


MECHANICSVILLE  TURNPIKE  CO. 

Act  of  1817  amended,  209 

Company  incorporated,  210 

Remedy  against  stockholders,  210 

MERCHANTS  BANK  OF  LYNCHBURG. 

To  establish  branches  at  certain  places,     133 

MERCHANTS  BANK  OF  VIBQINIA, 

Sec  143 

MERCHANTS  AND  MECHANICS  BANK 

OF  WHEELING. 
See  130 

MERCH  ANTS  SAVINGS  BAN  K 

Of  Richmond,  230 

Incorporated,  230 

Capital,  231 

METHODIST  DISTRICT  PARSONAGE 
In  Salem,  259 

Authorised  to  borrow  money,  259 

Amount  tn  be  borrowed,  259 

I'ROFOLIT.W  GUARD  OF  RICH- 
MOND. 

Commissions,  240 

Proviso,  249 

Imli -pi  ndent  organization, 
Commissions,  when  may  be  withdrawn,   249 

MILITIA 

Code  amend)  d,  30 

Dental  musters,  31 

Company  musters,  31 

Code  amended,  31 

Trainings  of  officers,  where  held,  31 

i  31 

llnw  changed,                        .  -!l 

Trainings,  by  whom  conducted,  31 

When  held,  31 

\'                    may  be  issued,  111 

l!l 

i  inspect  arms,  3  I 

militia  organized  as  a  battalion,  31 
1 1     mmer  and  filer, 
Drum  and  fife,  win  n  obtained, 
I 

quipments, 
N 

tickets  made  out  and  collected, 

■  enquiry, 

I  i  sheriff, 

I  a  fund  foi  <>f  militia 

3-'l 

I  loot 
ol  tl 

tising 

Claims  i.l   '  rs  and  for 

_'adc  inspector, 
D 

I I 

Clerk  of  courts  of  enquiry, 


PfOTOst  marshal,  34 

Adjutant,  34 
For  mustering,  notifying  and  enrolling 

comp  34 

Allowance  for  equipmi                 pairs,  34 

Advertising,  lit 

Horses  to  be  allowed  com* 

34 
Aet  of  I860  amended,  35 

Troops  of  cavalry  and        I  35 

Of  what  number  t<>  con  it.  tfi 

MINING  AND  M  \       I  '<  Tl  i:i\<. 

compa: 

Virginia  steam  sugar  n  ;'any 

incorporated,  288 

Capita]  stock,  288 

Real  .state,  •  288 

Commissioners, 

of  stockholdi  ,-. 
Kanawha  salt  compi  D 
Capital  stock, 

Of  what  stock  shall  con  289 

Books  nf  subscription  d,         289 

When  company  shall  be  incorporated, 
G  D(  i.tl  meeting,  289 

Power  of  company, 

New  creek  company  incorpor.  290 

Certain  sections  of  act  of  1856  repealed,  290 
Gilmer  oil  mining  and  manufacturing 

company  incorporated,  291 

Capital  stock,  291 

Subscriptions,  how  received,  291 

I              it  and  directors,  291 

Their  powers,  291 

Seal  estate,  291 

K'ail  roads,  291 

Stuck,  how  transferred.  292 

Hughes'  creek  oil  and  coal  company 
incorporated,  292 

how  appointed, 
il  stock,  292 

Pow<  is  of  company, 

■ 
Bail  i 

Little.  Kanawha  mining  and  manufac- 
tuiing  company  incorponn  •). 

ck,  293 

run  mining  and  manufacturing 
p. my  [noorporal 

ck, 
and  oil  company  of  Brax' 
county  in- 
ck, 
ly  may  construct 
Old  Dominion  mining  and  manufactur- 

Commissioners, 
k, 

I ' 

Ul  coal  mining 
pauy  inoor- 

k. 

'  build  saw  mill*,  Ac. 

rung  and  manufacturing 
company  incorporated,  HI 


INDEX. 


inj .  297 

Can,:  '-'•'' 

imn*  ace  <>j»era- 

IfONONGAHELA  BAVDTGfl  BANK 
tlkk  incor- 

sUock,  how  divided, 
\ 


231 
239 
232 


.Ih  l.l.l.o  BANS 
ifa  :i  branch  al  Monaskon, 
al  certain  «»t>i<r 
plan  183 

MOV  rQOMERl    FEMALE  COLLEGE. 

l  ■■].  '-,;;i 

i  to  hold  n  al  and  personal  pro- 

234 
Annua:  met  i inir ,  234 

i  234 

i 

I  ot,  how  elected,  235 

i  of  Tiaitora,  how  appointed,  23S 

rer,  235 

Other  officers,  235 

Scholarships,  A.<  235 

MOOREFIELD  (TOWN  OF). 

Church  property  in,  260 

How  propi  ttj  maj  1"-  sold,  261 

Proa  i  dsi  how  applied,  20J 

MiiKInV.   \\\    II..  MA. 

Amount  appropriated  for  relit  314 

Ml  BGBAYE,  JAMES,  ET  AL. 

317 


.  4  Norfolk  and  Portsmouth  may 

subscribe,  205 

Coupon  bonds,  ll<>^^  issued,  206 

County  of  Norfolk  may  subscribe,  'J'1"* 

Cuii[mii  hi.i.                 lued,  205 

NORFOLK   AND  PETERSBURG  RAIL 
EOAD  COMPANY. 

Capita]  stock  incri  203 

Proposed  road,  203 

Stockholders  to  authorize,  203 

Subscription,  how  raised,  203 


MUSKET8,  SALE  OP 

Join;  resolution  concerning, 

MURBELL,  JOHN  W. 

I  released, 


NEW  <  KKKK   COMPANY. 


342 
315 

290 


NEWPORT  AND  GAP   MILLS  TURN- 
PIKE  COM  TAN  Y. 

I  of  road,  211 

«  I  stock,  'J  1 1 

i  lJ  1 1 

When  company  incorporated,  211 

i  oad,  212 


NICHOLS,  THOMAS. 
Commonwealth's  interest  released, 


329 


NORFOLK    COl  NTY    RAILWAY  COM- 
PANY 

[ncorporafc  d,  204 

Capita]  stock,  204 

Subscriptions,  how  received,  204 

hts,  &,c.  205 


NORTHAMPTON  COUNTY. 

Proviso  as  to  catching  of  oysters  in, 


258 


NORTHWESTERN   BANK   OF 
VIRGIN!  V. 

iblish  an  agency  in  Richmond,        134 

O'BRIEN,  EMMET  J. 
Amount  to  be  paid  to,  out  of  Internal 
improvement  fund,  316 

OLD  DOMINION  (BANK  OF). 
See  138 

OLD  DOMINION  MINING  AND  MANU- 
FACTURING COMPANY. 
See  295 

OLIPIIANT,  ANDREW. 
Committee  of  William  Smith,  2G3 

OHIO  COUNTY. 
Code  amended,  45 

c..in|..  osation  of  attorney  in  the  county 

and  corporation  courts,  45 

Circuit  courts,  45 

OHIO  KIVI.l,' 
Lawful  fence,  261 

OR]  CERS  OF  PUBLICATION. 

In  \ acation,  39 

\\  ben  order  of  publication  to  be  issued,  :'>'.> 

How  published  and  posti  d,  40 

OR]  >NANCE  DEPA  BTMENT. 

<  Ordnance  department  en  a(ed,  27 
What  officera  may  be  appointed,  and 

how,  27 

Pay  and  allowances,  27 

Duties  of  ordnance  department,  27 

( officers,  how  goremed,  27 
Officers  to  be  commissioners  of  the 

armory,  27 

ORANGE  AND  ALEXANDRIA  RAIL 
ROAD  COMPANY. 
Time  allowed  for  payment  of  interest,  60 
[□teres!  to  bear  interest,  60 
Company  to  confess  judgment,  60 
What  execution  may  issue,  60 
Devise  made  by  Joel  Oshorne,  61 
\\  ben  Hoard  of  public  works  to  pay,  61 
Amount  to  be  deducted  from  appropria- 
tion, 61 


INDEX. 


373 


OVERBY,  ROBERT  Y. 

Amount  appropriated  for  relief  of,  319 

Where  tax  paid,  319 

OYSTERS. 

Catching  of,  in  certain  months,  258 

When  may  be  taken,  258 

Proviso  as  to  Northampton  county,  856 

OXFORD   COTTON  AND  WOOLEN 
COMPANY. 

See  284 


PACKARD,  REV.  J. 
Amount  of  tax  refunded, 


311 


PARKERSBURG  (BANK  OF). 
Bee  133 

PARKERSBURG  CLASSICAL  AND 

S<  II. Mil  H  INSTITUTE. 

Incorporated,  238 

Property,  amount  of,  238 

Powers  of  trust  938 

Powers  of  treasurer,  239 

Bond  of  treasurer,  'S-VJ 

Subject  to  repeal,  239 

PATRICK    SPRINGS  FEMALE   COL- 
LEGE. 
Incorporated,  230 

Duties   of  trust)  936 

Under  control  of  trustees,  237 

I  bow  filled,  2:57 

Treasurer,  bond  of  237 

Amount  which  may  be  raised.  237 

Stock  persona]  estate,  2:17 

insibility  of  stockholders,  238 

Diplomas,  238 

PAULINE,  SCHOONER. 
Fine  released,  327 

PAYNE,  JANE. 

I  ■  t  of,  233 

PETERSBURG  (CITY  OF). 
Common  council  of,  to  declare  what 

i-  an  unlawful  assembly  in,  2P.1 

How  declared,  261 

PETERSBURG    SAYINGS    kNTJ    [NSU- 
BANI  E  <  OMPANY. 
ition  for  the  correction  of  a  dis- 
between  the  bodj  and  title 
of  the  act  Incorporating  the,  840 

Ci  l  i  KSB1  RG  RAIL  BOAD4  Old 

203 

203 

PIEDMONT   i  kNTJ    \\n   OCPBOI  l 
Ml  N  I   COMPAN1 

Ku.il  ra 


Capital  stock, 
President  and  directors, 


279 
279 


PRICE'S  MOUNTAIN  AND  CUMBER- 
LAND GAP  TURNPIKE  COMPANY. 

What  may  be  adopted  as  a  portion  of  the 

road,  68 

Consent  of  the  county  court  of  Giles,         68 
Restrictions,  6ft 

PRINCESS  ANNE  SAVINGS  BANK 
Act  amended,  232 

Incorporated,  232 

Capital  stock,  2152 


See 


PHILIPPI  (BANK  OP). 


141 


PLASTER  OF  PARIS  AND  GUANO. 
Inspection  of  (see  title  Quano,  Ac),        150 


See 


POLSLEY,  DANIEL,  ET  AL. 


318 


POLICE  AGENTS  ON  RAIL  ROADS. 
How  police  agents  may  be  appointed,         62 
Powers,  62 

How  removed,  62 

Powers  as  to  arrest  of  negroes,  <>2 

POORHOU8E8. 

How  conservator  of  the  peace  is  ap- 
pointed. 53 
Jurisdiction,  53 

PORT  ROYAL  (TOWN  OF). 
Boundaries  by  act  of  1744,  194 
Boundaries  denned,  194 
Act  of  1829  amended,  194 
Trustees  appointed,  194 
Oath  of  office,  195 
President,  195 
Vacancies,  19."> 
President  invested  with  power  of  a  jus- 
tice, i;i.-> 

Appeals. 

County  jail,  196 

Meetings,  how  called,  196 

Subject  to  existing  laws,  196 
Power  to  levj  tu 

Rate  of  taxation. 

Constable,  how  appointed, 

1  ate  bond,  197 

Tower  to  remove  from  office, 

Who  liable  M  taxation.  [91 

Fines.  .  [Of 

PORTSMOl  I  H    1  riv  OP 
Authorised  to  issue  coupon  bonds,  991 

To  be  appron  d  bj  Tatt 

.  and  for  what, 
Pn  sbj  tcrian  church, 

Art  of 

Mit  of  busl  1  and 

■Idermen,  191 

airt,  191 

of  vrhal  numl  191 

I'll  "i    1  LW8 

1 1- 


374 


INDEX. 


1 -<60  amended,  148 

I  ining  commissioners  to   be  ap- 

149 

149 

1 19 

149 

returned,  149 

I  140 

:  2  of  acJ  of  1860  amended,     149 

149 
149 

POUL80N,  EDMUND  J. 
Commonwealth'fl  interest  released,  325 

PRESBYTER]  \N   CHUBCH. 
.tli,  authorised  to  c\<  cute 
;  of  trust,  260 

PRESTON  AND  AUGU8TA  HAIL  ROAD 
COMPANY. 

.  how  opened,  202 

21  •*,' 

202 

When  company  incorporated,  202 

Counties,  power  to  sal  icribe,  202 

PRESTON  COUNTY. 
I         ;  court  of,  to  legalize  convey- 
ance <■('  a  tract  of  land,  &.C.  263 
How  I, ill  filed,  264 
How  soil  prosecuted,  264 
I  264 

PUBLIC   GUARD. 

,iim  mini,  37 

captain  and  commissioned  offi- 


37 

Othi 

37 

Rations  of  non-commissioned  officers 

and  privates  and  musicians, 

37 

ommissioned  officers, 

38 

Proi 

38 

BATHBONE  (TOWN  OF). 

IJDCorpo 

191 

Bound . 

191 

Offio                            • 

(92 

192 

i   ace, 

192 

Bowers  of  council, 

192 

Bt          and  alleys, 

192 

oi  < lode  applicable,  adopted, 

192 

REYNOLDS,  BENJAMIN  8. 
Amount  appropriated  for  relief  of, 


KIi  HMOND  <  BANK  <>K). 


RICHMOND  CITY. 
Charter  amended, 


31(5 


145 


153 


RICHMOND   I  II  Y  [N8URANCE   COM- 
PANY  OF  RICHMOND. 

Ii rporatod,  222 

Capital  .-tu.k.  222 

Insurance,  how,  and  noon  what  made,     222 
Investments,  how  made,  222 


Policies,  how  binding, 

Commissionen, 

Prohibition  as  to  bank  notes, 

Agent,  how  appointed, 

Totes, 

Stockholders,  how  liable, 

Secretary,  witni  bs, 


222 
223 
223 
223 
223 
223 


RICHMOND    AND    LIVERPOOL 

PACKET  COMPANY. 

Incorporated,       •  278 

Objects,  27* 

Executive  committee,  278 


See 


RICKS,  JOHN. 


RIGHTS  OF  WAY. 
When  mining  companies  may  construct 

rail  roads, 
Subject  to  Code, 

ROCKBRIDGE  INSURANCE 
COMPANY. 

Incorporated, 

Insurance,  how  and  on  what  made, 

Money  received  on  deposit, 

Investments,  how  made, 

Capital  stock, 

How  payable, 

Affairs  of  company,  how  managed, 

Officers,  how  appointed, 

Agents, 

Scale  of  voting, 

Dividends,  how  declared, 

Stockholders,  how  responsible, 

Commissioners, 

Prohibitions  as  to  bank  notes, 


256 


208 
208 


223 
224 
224 
224 
224 
224 
224 
225 
225 
225 
225 
225 
225 
226 


ROCKBRIDGE  WHITE  SULPHUR 
SPRINGS  COMPANY. 
Incorporated,  272 

Capital  stock,  272 

Quantity  of  land,  272 

Powers  of  company,  272 

ROCKINGHAM  COUNTY. 

County  court  authorized  to  issue  bonds, 
and  make  loan  to  the  Manassas  gap 
rail  road  company,  59 

Interest  paid,  and  sinking  fund  created,       59 

ROCKY  POINT  LIME  AND  MARBLE 
MANUFACTURING  COMPANY. 

Sco  284 

RUSSELL,  JAMES  A. 
Amount  refunded  to,  328 

Commissioner  to  correct  erroneous  as- 
sessment, 328 


SCOTT  AND  ADAMS. 

Amount  appropriated  for  relief  of,  319 

Interest  thereon,  319 

Judgment,  319 

SCOTT,  JAMES. 

Amount  appropriated  for  relief  of,  313 


INDEX. 


375 


•     SCOTT,  THOMAS  W. 

Commissions  allowed,  332 

SCOTT,  PATRICK  H. 

Amount  appropriated  for  relief  of,  320 

SCOTTSVILLE  (BANK  OF). 
See  137 

SCOTTSVILLE  AND  IIOWARDSVILLE 

(TOWNS  OF). 
Authorized  to  form  a  battalion,  2-17 

SIIEE,  OWEN. 
Interest  of  commonwealth  released  to,     325 

SHER1 FFS  ( DEFAULTING ). 
When  securities  of  sheriff  may  be  re- 
leased from  damages,  54 
Win 'ii  judgment  to  do  paid,  54 
Sheriff  or  deputy  not  to  be  released,  54 

SI  IKK  IFF   OF   JEFFERSON   COUNTY. 
Settlement,  how  made,  331 

SIKYKK    KIN   MINING    AND   MANU- 
FACTURING  COMPANY. 

Sec  294 

SIK  JOHN'S  RUN  TURNPIKE. 
Capital  stock  increased,  68 

Books,  how  opened,  68 

SMITH,  JOHN  W.  G. 
Amount  refunded  to,  320 

Erroneous  tax,  320 

SOUTHERN  EXPRESS  COMPANY. 
Incorporated,  268 

Capital  stock,  268 

When  to  commence, 
Meetings,  how  called,* 
Directors,  how  elected, 
P       dent, 

In  case  of  failure  (■>  cliii.  266 

Iii  case  of  failure  to  hold  annual  meet- 
ings, '  269 
By-law  b  and  regulations, 
Powers  nt'  company,                                 2G9 
Right  tn  (  stablish  rail  road  prohibited,      269 
( tffice,  where  kept, 

Local  ntliees,  269 

Where  regular  meetings  to  be  held,  270 

Unclaimed  freight,  270 

>  arising  from  unclaimed  freight 

StockholdesB,  how  responsible,  270 

Common  carriers,  270 

Wli"n  right  "f  property  is  rested,  271 

annual  report,  2?  i 

SOUTHS  ESTERN    BANS   OF 
VIRGINIA 

143 

IHKKN    MANUFA4  TURING  <  0 

8oc 


SPECIE  PAYMENTS. 
Banks  to  resume, 


147 


BPAULDING,  JAMES  1 
Amount  appropriated  fur  relii 


SPRINGFIELD  AND  DEEP  RUN  COAL 

MINING  &  MANUFACTURING  CO. 
See  296 

Act  amended,  304 

Incorporated,  304 

STAATS,  JOSHUA  II.  (Deceased). 
Mode  of  settlement  with,  336 

STAFFORDSVILLE    TOLL  BRIDGE 

COMPANY. 

Books  to  be  opened,  215 

Commissioners,  215 

Company  incorporated,  215 

Tolls,  215 

STAUNTON  ARMS  AND  ORDNANCE 
COMPANY. 

Incorporated,  275 

Objects,  275 

Capital,  275 

Commissioners,  275 

STAUNTON   AND   KAKKKKRBURG 
TURNPIKE  COMPANY. 

Superintendents,  how  appointed,  63 

Proviso,  63 


STAUNTON  SAVINGS  BANK. 

Incorporated, 


227 


ST.  PAUL'S  CHURCH  HOME. 

Incorporated.  244 

Capital,  244 

Power  of  corporators,  244 
Rights  to   contract  with   parents  for 

■  are,  &c.  of  children,  244 

Orphan  children,  245 

Hospital,  245 

SWEET    CHALYBEATE  SPRINGS 
COMPANY. 

Incorporated.  271 

Powers  of  company,  271 

General  met  I  271 

Capital  stock,  272 


313 


TALIAFERRO,  JOHN  H. 
Interest  of  commonwealth  released  to, 

TAX 
What  included  therein, 
On    personal    property,    moneys   and 

iits, 
I 

Wlio  includi  il. 
On  free  negr 
On  white  m 
On  interest  on  public  1" 

<  >n  bank  dividends, 

On  dividends  ot  and 

insu: 

<  >n  <li\  idends  of  companies  not  iucor- 

porated  bj 

<  >n  income  oi 


324 


376 


INDEX. 


Taxes  of  officers  of  government,  how 

I  bridges  and  ferries, 
illateral  inheritaii 

rod  canal  companies  to  re- 

•  to  the  auditor  quarterly, 
to  report, 

□  only  partly  in  the  state, 

•  made  <>n  oath, 
Jty  for  failure, 
on  passengers, 

u  Freight, 

[.t  from  tax  on  their  lands, 
In  case  of  failure,  whal  is  done, 

mpanies  to  make  semi-an- 
nual retains  to  auditor  of  receipts, 
Returns  to  1"'  on  oath, 

•i  receipts, 
I'.\(  option  thereto, 
Penalty  tor  failure  to  report, 

■  a  original  suits, 
Appeals,  &  c 

On  seals  of  courts,  notaries  or  state, 
Ademptions, 

Wills  and  administrations, 
Denis  and  contracts, 
Bank  corporations, 
Manufacturing  companies, 
Gas  light  and  other  companies, 
Virginia  canal  company  exempted, 
Savings  institutions, 
Private  corporations, 
Exceptions, 

Licenses. 
Ordinaries  and  public  entertainment, 
To  retail  liquors, 
Private  end  rtainment  and  boarding 

houses, 
Cook  shops  and  eating  houses, 

Dg  allej  a  or  saloons, 
Billiard  tables, 

Billiard  tables  not  kept  open  more  than 
four  months, 
He  tables, 
Liver)  stables, 

Distilleries. 

Additional  t:ix  on  sales. 

When  company  not  exempt  from  taxa- 
tion, 

When  exempt, 

I        ption, 

Merchant's  tax  on, 

When  proportion)  d  to  sales, 

Liquor  license  on  beginners, 
mtinuc  bus 

On  trades  and  callings,  taxed  as  mer- 
chants, 

Commission  mi  rchanl 
tioneera  and  ship  brokers, 

.  luctionu  rs. 

Seale  of  licCHJ  es  in  low  us, 

I,'    il  estate  auctioneers, 
When  charged  a  per  centage  on 
Where  sale  to  be  mo 
Exceptions, 

When  goods  may  be  consigned  to  auc- 
tione  • 


Taxable  sales,  13 

Common  crier,  13 

Bample  merchants,  18 

Express  companies,  13 

Patent  rights,  13 
Patent  rights  under  laws  of  the  United 

Si;  !  13 

Citizens  of  Virginia  exempted,  14 

Quack  medicines,  14 

Book  agents  and  print  sellers,  14 

If  non-residents,  14 

Residents  selling  religions  books,  14 

Agents  for  renting  houses,  14 

Suing  negroes,  14 

Stallions  and  jacks  14 

Theatrical  performances,  15 

Refreshments  in  theatres,  15 

Refreshments  in  public  rooms,  15 

Public  shows,  15 

Circuses,  15 

Menageries,  15 
Manufacturers  of  liquor,  porter  and 

beer,  15 
Sale  of  malt  liquors,  16 
Stock  brokers,  16 
Bank  note  brokers,  16 
Insurance  companies,  16 
Physicians,  dentists  and  lawyers,  16 
Daguerreian  artists,  16 
Horses,   mules,  asses    and   jennets 
brought  into  the  state  to  sell  on 
commission,  17 
Carriages  and  other  vehicles  manufac- 
tured out  of  the  state,  17 
Slaves  bought  on  commission,  17 
Private  acts  net  to  be  published  until 

tax  is  paid,  17 
Keeper  of  rolls  to  publish  a  list  of  acts 

on  which  tax  has  been  paid,  18 
Commissioner  and  sheriff  a  duty  when 
any  person  is   suspected  of  being 
about  to   leave   county   before  de- 
livery of  books,  18 
Prohibited  occupations  taxed,  18 
Exceptions  thereto,  18 
Licenses  confined  to  county  or  corpo- 
ration, 1 8 
Licenses  to  be  at  specified  house,  18 
Forms  to  be  furnished  tax  payer,  18 
Public  bonds  and  stocks,  18 
Penalty  when  license  is  not  renewed,  19 
Amount  undercharged  by  commissioner 

to  be  deducted  from  his  compensation,  19 
Subjects  not  specially  taxed,  how  to 

be  taxed,  19 
Value  of  lands  and  lots  under  certain 

assessments  not  to  be  changed,  19 

When  auditor  ma\  change  land  book,  19 
When  agricultural  productions,  goods 

and  materials  exempt  from  taxation, 

and  when  subject  to  license  tax,  19 
Tax  on  sales  of  merchant  tailors  and 

others  to  be  ascertained,  20 
How  license  to  manufacture  and  sell 

malt  liquors  granted,  20 
When  not  considered  as  commencing 

business,  20 

Part  of  Code  repealed,  20 

Act  of  1860  amended,  54 

How  party  aggrieved  may  obtain  redress,  54 


INDEX. 


377 


Attorney  for  commonwealth  to  be  pre- 
sent, 

Commissioners  to  be  examined  as  to 
party  heretofore  aggrieved, 

How  relief  is  granted, 

Penalty  on  clerk, 

Notice  to  attorney  for  commonwealth, 

How,  if  error  is  committed  by  the  com- 
missioner, 


TERMS  OF  COURTS. 


See 


TIBBS,  EUGENIUS. 
Securities  released, 
Conditions, 
Sheriff  not  released, 

TOBACCO  SAVINGS  BANK. 
In  the  city  of  Richmond, 
Incorporated, 

Capital  stock, 
Subject  to  repeal, 

TOWNS. 

City  of  Richmond  incorporated, 

Bights  and  powers  of  corporation, 

Mayor  and  council, 

Court  of  hustings,  of  whom  to  consist, 

Powers,  &c  of  the  council, 

Members  of  council  and  court  of  hust- 
ings, how  elected, 

Other  officers, 

Judge  of  court  of  hustings,  how  and 
when  elected ;  term  of  office, 

Elections,  when  held, 

What  officers  to  be  elected, 

How  clerk  pro  tern,  appointed, 

Who  may  vote, 

( !ity  divided  into  wards, 

Commissioners  of  election,   how   ap- 
pointed, 

Oath  of  commissioner, 

When  poll)  opened  and  closed, 

W'l it  11  polls  may  be  kepi  open, 

Conductors,  how  appointed, 

Oath  of  conductor, 

Duty  of  conductor, 

Writers,  how  employed, 

J\>]1  books  to  be  delivered  to  wrif 

Poll,  how  certified, 

Double  voting, 

oi  election,  how  made, 

To  whom  certificates  of  election  deli- 
vered, 

Tic  votes,  who  may  ck 

Powers  of  council, 

Duty  of  council  to  certify  election  of 
memhera  aA  court  oi  and 

other  offii 

B        di  r. 

Senior  alderman, 

Members  of  council  to  continue  until 
g  an-  qualif 
as  to  members  of  court  of  hust- 
ings, 

\ 
how  filled, 

\  n  other  esses,  how  filled, 

Change  in  modi  •  •  how  made, 


54 

54 
55 
55 
55 

55 


353 


334 
334 
334 


231 
231 
231 
231 


ir,:i 
153 
153 
153 
154 

154 
144 

154 
154 

154 

155 
155 
155 

155 
155 
155 
155 
155 
15fi 
156 
ir.t; 
156 
156 
156 
157 

R.7 
157 
157 


I. -.7 
I. -.7 

i:,7 
169 

I  •- 

l'.- 
158 


Oaths  of  office,  159 

President  of  council,  159 

President  pro  tempore,  159 

Quorum  of  council,  159 

Compensation  of  the  mayor,  159 

Powers  of  council,  159 

Journal,  how  kept,  159 
Powers  of  council  as  to  good  order,  &c. 

of  city,  1(50 

What  officers  council  may  appoint,  160 

When  officers  may  be  removed,  160 

When  office  abolished,  160 
Boards  of  officers,  to  what  proceedings 

subject,  160 

Wards,  how  changed,  160 

Plan  of  city  provided  for,  161 

Markets,  how  established,  161 

Workhouses,  how  provided  for,  161 

Overseers  of  the  poor,  how  appointed,  161 

Drunkards,  &c.  161 
Ingress   of   people  fiom  beyond   the 

limits  of  the  state,  how  prevented,  161 
Public  buildings,  162 
Burial  grounds  and  bills  of  mortality,  162 
City  prison,  162 
Infectious  diseases,  162 
Hospitals,  162 
Accidents  by  fire,  162 
Water  works  and  gas  works,  162 
City  watch,  163 
Landings,  wharves  and  docks,  163 
Quarantine,  163 
Duties  of  surveyor,  how  prescribed,  163 
Si  nets  and  alleys,  163 
Bridges  and  culverts,  163 
When  injunction  allowed,  168 
City  railways,  163 
Private  property  not  to  be  taken  with- 
out compensation,  164 
Richmond  Lancasterian  school,  164 
Athenaeum  and  lyceum,  164 
Prohibition  as  to  building,  164 
Nuisances,  how  abated,  104 
Stagnant  water,  &c.  164 

ll                  i ■      i  tinning  at  large,  lii.r> 
Kites,  guns,  crackers  ana  oilier  combi- 
nations of  gunpowder.  A  <  165 
Horses  and  steam  engiui  -.  165 
What  may  be  required  to  lie  gauged 

and  inspected,  165 

Gaming  houses,  houses  of  ill  fame,  A  c  166 

Board  ami  lodging  for  negi.  165 

Aid  to  military- compai  166 

Auctioneers.  166 

Theatrical  performances,  16fi 

a  166 

Hawkers  and  peddlers.  166 
Insurance  compai  166 
Billiard  tables,  ten  pin  alleys.  A  166 
How  subscriptions  to  works  of  inter- 
nal [mprov.emenl  made  by  city,  167 

P<  nalty  OH  I"  rSOni  not  obtaining  licen- 

On  what  council  may  levy  t  167 

Exemption,  168 

Ordii           a     may  be  taxed,  168 

a  166 

medicines,  K  B 

Who  may  collect  t  168 

I  sale 

for  t  .  168 


37S 


INDEX. 


Taxes  obtained  from  tenant,  how  as  to, 
lid  by  fiduciary, 

Lien  for  taxes  i  n  r<  a)  estate, 
how  contracted, 

Sinking  fund, 

Sinking  fund  for  future  debts. 

•z  fund  not  to  be  diverted, 

Proi 

M         s,  how  held  and  paid  on  r, 

Court  of  hustings,  how  held, 

court  to  be  bcld  by  the  judge, 

Civil  jurisdiction, 

Criminal  jurisdiction, 

Quarterly  terms, 

Gqrand  juries, 

(tenons  examined  fox  crimes  to  be  tried 
by  judge, 

Jurisdiction  of  the  court  bold  by  the 
judge  of  hustii 

Aj'j'i  il>  from  hustings  court, 

Commonwealth's  attorney  of  Richmond, 
in  case  of  sickness,  &c.  of  judge 
of  the  court  of  hustii 

Duties  and  fees  of  commonwealth's  at- 
torney, 

Of  the  clerk, 

Jurisdiction  of  the  court  of  hustings, 

Penalties,  how  imposed  by  council, 

MayorV  court,  how  held, 

Mayor's  office, 

Mayor  bead  of  police, 

Powers  of  police  officers, 

Limitation  as  to  holding  office, 

of  the  Bergeant;  high  constable, 

J  low  act  construed, 

Evidence, 

TREASURY  NOTES. 

■  !  treasury  notes  authorized, 
Not  less  than  (20, 
How  prepared, 
To  w  hom  payable, 
To  bear  interest, 

Faith  of  state  pledged  for  redemption  of, 
How  transferable, 

ible  in  paj  ment  of  public  dues. 
What  done  by  officer  when  received  in 

payment  of  public,  dues, 

How  to  be  redeemed, 
Advertisement  to  bring  in, 
When  to  lie  canceled  and  how, 
What  lists  to  be  kept,  and  by  whom, 
Appropriation  for  plates,  &c. 
Provisions  as  to  bank  notes  applicable, 
Banks  may  purchase, 

TREASURES. 

To  di  in  bank  notes, 


169 

Bond  to  be  given,                                       190 

169 

Powers  of  a  constable,                              190 

169 

II-'.                             nst,                                190 

169 

1  atOTS  of  peace,                                       190 

169 

Mayor,                                                       190 

169 

His  salary,                                                            190 

169 

Patrols,                                                          190 

169 

170 

170 

VIRGINIA   ARMS    MANUFACTURING 

176 

COMPANY. 

170 

Incorporated,                                           273 

176 

<  Objects  thereof,                                            274 

170 

Capital.                                                            274 

170 

171 

171 
171 

171 

171 

171 
172 
172 
IT -J 
172 
172 
17;? 

n;{ 

173 
173 
173 
173 


148 


'I  ROOP8  AM)  ARMS. 
Joint  resolution  relative  to  movement  of, 
by  the  general  government,  within  the 

limit.-,  oi   Virginia,  W.VJ 

TUCKER,  GEORGE  W. 
Amount  appropriated  for  relief  of,  314 


UNION  (TOWN  OP). 
Sergeant,  bow  appointed,  189 


VIKNJINIA  BOOT  AND  SHOE  MANU- 
FACTURING COMPANY. 
Seo  281 


See 


VIRGINIA  CANAL  COMPANY. 


70 


VIRGINIA  CAR  SPRING  COMPANY. 
See  285 

VIRGINIA  CENTRAL  RAIL  ROAD 
COMPANY. 

Branch  authorized,  204 

Capital  stock,  204 

Board  of  public  works  not  to  subscribe,  204 

Assets  of  road  not  chargeable,  204 

Earnings  not  to  be  applied,  204 

VIRGINIA  LUMBER  COMPANY. 

In  the  counties  of  Augusta  and  Rock- 
bridge, incorporated,  277 
Capital,  -..'77 
Stock  personal  estate,  'J77 
Provisions,                                                278 

VIRGINIA  MINERAL  OIL  AND  COAL 

COMPANY. 
In  the  county  of  Mason  incorporated,       301 
Powi  is  of  company,  301 

Capital  stock,  301 

Real  estate,  301 

Rail  roads,  368 

Time  to  perfect  organization,  302 

VIRGINIA  STEAM  SUGAR  REFINING 
COMPANY. 

Seo  288 


VOLUNTEER  BATTALION. 

In  Alexandria, 


248 


VIRGINIA  LIFE  INSURANCE  COM- 
PANY. 

Act  amended,  226 

Annual  meeting,  bow  held,  226 

Quorum,  22t> 

Voting,  226 
Policy  for  benefit  of  married  women, 

how  to  enure,  226 

VOLUNTARY  ENSLAVEMENT. 

Of   certain   persons  of   color  in   tbo 

county  of  Buckingham,  251 

Negroes  to  choose  owners,  251 

Petition,  bow  filed,  251 


INDEX. 


379 


Summons  issued,  251 

Examinations,  how  made,  251 

Duty  and  power  of  court,  251 

Master  to  enter  into  bond,  251 

Provisions  as  to  estate  of  negroes,  352 
Of  Thomas  Garland  and  Mary  Anderson ,  252 

Negroes  to  choose  master,  262 

Petition,  how  filed,  252 

Summons  issued,  252 

Examination,  how  made,  253 

Duty  and  power  of  court.  253 

Master  to  enter  into  bond,  853 

In  case  of  conviction  for  crime,  253 
Of  Jano  Payne,  Mary  Fletcher  and 

Glives,  253 

Negroes  to  choose  master,  253 

Petition,  how  filed,  253 

Summons  issued,  2o3 

Examination,  how  made,  254 

Duty  and  power  of  court,  254 

Master  to  enter  into  bond,  254 

In  case  of  conviction  for  crime,  254 

Of  Fanny  Matthews,  254 

Fanny  to  choose  master,  254 

Duty  of  court,  254 

Power  of  court,  255 

Proceedings,  how  entered,  255 

Property  vested  in  master,  255 

Costs,  255 

VOLUNTEER  MILITARY  COMPANIES. 

In  the  city  of  Wheeling,  250 

Act  amended,  250 

Contributing  members,  250 


WAMSLEY,  MATTHEW,  Jr. 
Amount  appropriated  for  relief  of, 

WEBSTER  COUNTY. 

Act  of  I860  amended, 
Boundaries  of  Webster, 


312 


WESTERN  VIRGINIA  INSURANCE 
COMPANY. 

Incorporated,  220 

Capital  stock,  280 

Powers  of  company  as  to  insurance,  &c.  881 » 

Investments,  220 

Secretary  competent  witness,  220 


Affairs  of  company,  how  managed,  221 

Votes,  221 

Meeting  of  stockholders  for  election,  221 

Officers,  how  appointed,  221 

Agents,  how  appointed,  221 

Commissioners,  221 

Prohibition  as  to  bank  notes,  221 

WEST  LIBERTY  ACADEMY. 

Act  amended,  240 
Loan  authorized,  241 
Security,  241 
Duty  of  Board  of  literary  fund,  in  de- 
fault of  payment  of  interest,  &c.  241 

WHEELING  AND  BELMONT  BRIDGE 

COMPANY. 

Taxes  suspended,  326 

WHEELING  VOLUNTEER  COM- 
PANIES. 

Sec  250 

WILLIAMS,  TITUS  V. 

When  anus  to  bo  issued  to,  250 

Proviso,  250 

How  transferred,  251 

WILSON,  WILLIAM  II. 

Circuit  court  to  make  allowance  to 

children  of,  319 

Notice  to  committee,  319 

Wife  and  minors,  319 

WOLF  CREEK  TURNPIKE  COMPANY. 

Width  of  road  may  be  reduced,  208 


V,  ( >OD,  ANGUS  M. 
Amount  appropriated  for  relief  of, 

WOOD  COUNTY. 

Industrial  school  of,  incorporated, 
Powers  of  company, 
Directors,  how  appointed, 


313 


2*0 
281 
281 


YORK  RIVER  RAIL  ROAD  COMPANY 

Act  of  1853  amend.,],  59 

Company  incorporated,  5f> 

Power  to  purchase  steam  boats,  «fcc.  59 


•  V  ' 


APPENDI  X. 


ORDINANCES 


ADOPTED    BY 


THE  CONVENTION  OF  VIRGINIA, 


w 


SECRET    SESSION, 


IK 


APRIL  AND  MAY  1861. 


c^ 


ORDINANCES. 


No.  1.— An  ORDINANCE  to  roped  the  ratification  of  the  Constitution  of 
the  United  States  of  America,  by  the  State  of  Virginia,  and  to  resume  all 
the  rights  and  powers  granted  under  said  Constitution. 

The  people  of  Virginia,  in  their  ratification  of  the  constitution  of  Preamble 
the.  United  States  of  America,  adopted  by  them  in  convention  on  the 
twenty-fifth  day  of  June  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-eight,  having  declared  that  the  powers  granted 
under  the  said  constitution  were  derived  from  the  people  of  the 
United  States,  and  might  be  resumed  whensoever  the  same  should 
be  perverted  to  their  injury  and  oppression ;  and  the  federal  govern- 
ment having  perverted  said  powers,  not  only  to  the  injury  of  the  peo- 
ple of  Virginia,  but  to  the  oppression  of  the  southern  slaveholding 
states : 

Now,  therefore,  we  the  people  of  Virginia  do  declare  and  ordain,  Repeal  of  ordi- 

-.    ,         ,  f       r  ,,  •  L     •  *•        nance  of  17th 

that  the  ordinance  adopted  by  the  people  of  this  state  in  convention  jnne  1788,  :md 
on  the  twenty-fifth  day  of  June  in  the  year  of  our  Lord  one  thousand  actH'orassembiy 
seven  hundred  and  eighty-eight,  whereby  the  constitution  of  the 
United  States  of  America  was  ratified,  and  all  acts  of  the  general 
assembly  of  this  state  ratifying  or  adopting  amendments  to  said  con- 
stitution, are  hereby  repealed  and  abrogated  ;  that  the  union  between  Union  between 
the  state  of  Virginia  and  the  other  states  under  the  constitution  othrr^a'tcs  di*- 
aforesaid  is  hereby  dissolved,  and  that  the  state  of  Virginia  is  in  the8olvcd 
full    possession  and  exercise  of  all  the  rights  of  sovereignty  which 
belong  and  appertain  to  a  free  and  independent  state. 

And  they  do  further  declare,  that  said  constitution  of  the  United  Oonstitniion  of 
Stales  of  America  is  no  longer  binding  on  any  of  the  citizens  of  this  notWn«tag 

state. 

This  ordinance  shall  tahe  efTeet  and  be  an  act  of  this  day,  when  when  ordinano* 

.„,.  ,.     ,  /-i  ir.i-  »  »naJI  take  cflect 

ratified  by  a  majority  of  the  votes  of  the  people  of  tins  state,  cast  at 
a  poll  Id  be  taken  thereon  on  the  fourth  Thursday  in  May  ne.\t,  in 
pursuance  of  a,  schedule  hereafter  to  be  enacted. 

Done  in  convention,  in  the  city  of  Richmond,  on  the  seventeenth 
day  of  April  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  and  m  the  eighty-fifth  Jtn  of  the  commonwealth  of  Vir- 
ginia. 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 


Schedule. 


Duty  of  officers  1.  It  shall  be  the  duty  of  the  officers  conducting  the  elections 
u°on»UCtlDg  C  directed  by  law  to  be  held  on  the  fourth  Thursday  in  May  next,  at 
the  places  appointed  for  holding  the  same,  to  open  a  poll  to  take  the 
sense  of  the  qualified  voters  of  this  commonwealth  upon  the  ratifica- 
tion or  rejection  of  "An  ordinance  to  repeal  the  ratification  of  the 
constitution  of  the  United  States  of  America  by  the  state  of  Virginia, 
and  to  resume  all  the  rights  and  powers  granted  under  said  constitu- 
tion," adopted  in  convention  at  the  city  of  Richmond  on  the  seven- 
teenth day  of  April  one  thousand  eight  hundred  and  sixty-one. 


now  poll  book 
to  bo  headed 


2.  The  poll  book  shall  be  headed  "  The  Ordinance  of  Secession," 
and  shall  contain  two  columns,  one  headed  "For  Ratification,"  and 
tin*  other  "For  Rejection;"  and  the  names  of  those  who  vote  for 
the  ratification  of  the  said  ordinance  shall  be  written  under  the 
former  heading,  and  the  names  of  those  who  vote  for  its  rejection 
shall  be  written  under  the  latter  heading. 


Uow  officers  to 
make  return 


Delivery  of  re- 
turns to  clerk 


Clerk  to  trans- 
mit to  governor 


3.  The  said  officers  shall  make  return  of  the  number  of  persons 
voting  for  each  proposition,  at  the  time  and  in  the  manner  provided 
by  law  in  the  case  of  other  elections,  and  shall  forthwith  deliver  the 
returns,  together  with  the  poll  books,  to  the  clerks  of  their  respective 
counties  and  corporations ;  and  it  shall  be  the  duty  of  such  clerks, 
respectively,  to  transmit  immediately  to  the  governor  of  the  com- 
monwealth copies  of  the  said  returns  so  delivered  to  them. 


Governor  to  4.   The  governor  shall,  without  delay,  make  proclamation  of  the 

uon  o^resuTulf  result,  stating  therein  the  aggregate  vote  for  and  against  the  ratifica- 
tion; to  be  published  in  sueh  newspapers  in  the  state  as  may  be 
deemed  requisite  for  general  information  :  and  if  a  majority  of  said 
votes  be  cast  for  the  ratification  of  the  said  ordinauce,  he  shall  annex 
to  his  proclamation  a  copy  thereof,  together  with  this  schedule. 

Secretary  of  5.   The  secretary  of  the  commonwealth  shall  cause  to  be  sent  to 

comroonwialth       .  .     .  .  ,  .  .... 

tosendordl-       the  clerks  or  each  county  and  corporation  as  many  copies  of  this 

duieCtoacUrkse    schedule  and  ordinance  aforesaid  as  there  arc  places  of  voting  therein, 

and  three  copies  to  each  of  the  military  commanders  herein  after 

referred  to,  using  special  messengers  for  that  purpose  when  neces- 

Cierks  to  deliver  sary.     And  it  shall  he  the  duty  of  the  said  clerks  to  deliver  the  sarao 

distribution        to  the  sheriffs  for  distribution,  whose  duty  it  shall  be  forthwith  to 

post  the  said  copies  at  some  public  place  in  each  election  district. 


How  expense  of     6.   The  expenses  incurred  in  providing  poll  books  and  in  procuring 
frayed0"  writers  to  enter  the  names  of  the  voters  therein,  shall  be  defrayed  as 

in  the  case  of  the  election  of  members  to  the  general-assembly. 


ORDINANCES    OF   THE    VIRGINIA    CONVITNTION.  -  /  3-  5 

7.  The  qualified  voters  of  the  commonwealth  who  may  he  absent  Persona  in  tho 
from  the  counties  or  corporations  of  their  residence  on  the  day  of  Jjf  th?stateVaJ.e 
election,  in  the  military  service  of  the  state,  may  vote  for  the  ratifi-  •owed  to  vote 
cation  or  rejection  of  the  said  ordinance,  at  such  place  or  places 

within  their  encampments,  or  as  the  commander  at  such  encampment 

shall   designate,  whether  the  said  encampment  shall   be  within  the 

limits  of  the  state  or  not.     For  each  place  of  voting  he  shall  appoint  how  election  t0 

a  superintendent,  three  commissioners,  and  as  many  clerks  as  shall be conducted 

be  necessary,  who,  after  having  been  first  duly  sworn  by  him,  shall 

perform  the  duties  required  of,  and  be  liable  to  the  penalties  imposed 

upon  such  officers  under  the  election  laws  of  this  state. 

8.  The  officers  conducting  the  said  election  shall,  on  the  day  after  To  n,,)nii     „ 
the  election,  or  as  soon  thereafter  as  may  be,  deliver  the  poll  books  S00kB*°  be  **■ 

J  l  livi-red 

to  their  said  commander,  who  shall  forthwith  forward  the  same  to  the 
governor  of  this  commonwealth,  who  shall  count  the  said  votes  in 
ascertaining  the  result  of  the  said  election  in  the  state. 

0.    That  the  election  for  members  of  congress  for  this  state  to  the  r;, .,..;,, n  flT 
house  of  representatives  of  the  congress  of  the  United  States,  re- inemberB  of  co"" 

1  °  .  greaa  suspended 

quired   by  law  to  be  held  on   the   fourth   Thursday  in    May  next,  is 

hereby  suspended  and  prohibited,  until  otherwise  ordained  by  this 

convention. 

Done  in  convention,  in  the  city  of  Richmond,  on  the  twenty-fourth 
day  of  April  eighteen  hundred  and  sixty-one,  and  in  the  eighty-fifth 
year  of  the  commonwealth  of  Virginia. 


—  An  <  >1,M  >INAN<  IE  ratifying;  and  confirming  the  Convention  entered 
Into  between  the  Commissioner  of  tlir  Confederate  stales,  ami  the  Com- 
missioners of  the  state  of  Virginia. 

PagRfd  April  25,  1861. 

l'.e  it  ordained  by  this  convention,  thai  the  convention  entered  into  „   ..     . 

:.tion  of 

on  the  twenty-fourth  April,  eighteen  hundred  and  sixty-one,  between 
Alexander  II.  Stephens,  commissioner  of  the  Confederate  states,  and  »i<      oi  <••»■ 
John  Tyler,  William  Ballard   Preston,  s.  M.I>.  Moore.  James  P. 
Iloleombe.  James  C.  Bruce  and  Lewis  E.  Sarvie,  commissioners  of  <*▼**• 

Virginia,  for  a  temporary  union  of  Virginia  with  said  Confederate 
States,  under  the  provisional  government  adopted  bj  said  Confede- 
States,  be  and  the  same  is  hereby  ratified  and  confirmed,  on  the 
terms  agreed  upon  by  said  commissioners. 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 


stion  of 

lUtion  of 


No.  3. — An  ORDINANCE  fbi  I  turn  of  the  Pro- 

Gorenimeni  of  the  Confederal    -         ••  America. 

Pam«cMl  Aj.ril  39, 

We,  the  delegates  of  the  people  of  Virginia,  in  convention  as- 
sembled, solemn!]  impressed  with  the  perils  which  surround  the  com- 
monwealth, and  appealing  to  the  searcher  of  hearts  for  the  rectitude 
of  our  intentions  in  assuming  the  grave  responsibility  of  this  act, 
do,  by  this  ordinance,  adopt  and  ratify  the  constitution  <»f  the  pre- 
viaional  government  of  the  Confederate  States  of  America,  ordained 
and  established  at  Montgomery,  Alabama,  on  the  eighth  day  of  Feb- 
ruary eighteen  hundred  and  Bixty  one:  provided,  that  this  ordins 
shall  oeaae  to  have  any  legal  operation  or  effect,  if  the  p<  ople  of  this 
:' '' "'  ''-v  '"  ' :'  commonwealth,  npon  tin-  vote  directed  to  1"'  taken  on  the  ordinance 

of  secession  pasted  by  this  eonventii d  the  seventeenth  day  of 

April  eighteen  hundred  and  sixty-one,  shall  reject  tin-  Bame. 


h  ivi  no  legal 

i  .ii  it  i  >■ 


How  many  to 

OBI     ll.> 

council 


No.  4. — An  ORDINANCE  to  authorize  the  appointment  of  an 

Council. 

Pi  --<  a  April  20, 

lie  it  ordained,  that  a  council  of  three  be  appointed  by  the  con- 
vention, upon  the  nomination  of  the  governor,  t<>  aid,  counsel  and 
advise  him  in  the  exercise  of  bis  executive  authority  in  the  present 
How  long  io       emergency  ;  the  said  council  to  continue  in  office  at  the  discretion  of 

15th  section,  ar-   tbisbodyj    provided,  that    the   fifteenth   section  of  the  sixth  artiele  of 

ooMUtnttonnoi  ,1"'  constitution  of  this  state  shall  not  apply  to  the  office  hereby 
i-.nj.piy  u>  toil  created. 

oflico 


Council  not  to 
control  ii  ii  bj 
ereJae  "<  execu 
Uti  functloni 
by  ttii-  go\ Brnoi 


No.  5. — An  ORDINANCE  defining  the  duties  oi  tin  A  I     unofl, 

PiiMHfd  April  2.'!,  )8(il  (tmt  subsequently  amended  and  r,-  enacted), 

1.  Be  it  ordained,  that  in  the  appointment  of  a  council  of  three  by 
the  convention,  npon  the  nomination  of  the  governor,  to  aid.  counsel 
and  advise  him  in  the  exercise  of  his  executive  authority  in  the  pre- 
sent emergency,  it  was  not  the  purpose  or  intention  of  the  conven- 
tion to  confer  on  the  council  the  power  to  control  the  governor  in  the 
exercise  of  his  executive  functions 5  hut  it  was  their  purpose  to  Im- 
pose upon  the  governor  the  obligation  to  consult  the  council  in  regard 

to  all  executive  JlCtS. 

2.  That   a   regular  journal  of  the  executive  proceedings   and   ads 
tagi'tobekep?;    ohould   he   kept,  in  which   should    he   recorded    all    appointments   and 

,    '"'"     proceedings  of  the  executive,  and  the  VOtOB  of  the  several  councilors 

thereupon, 


Joui  nal  "i  '  ■ 
Mtutlve  pi "  •  ■  & 


Xt> 


ORDINANCES   OF  THE   VIRGINIA    CONVENTION.  7j>  7 

No.  6.— An  ORDINANCE  to  increase  the  Advisory  Council. 

Pasied  April  29,  18C1. 

Be  it  ordained,  that  the  advisory  council  of  the  governor  of  this  Lientenani  go- 
commonwealth  be  and  the  same  is  hereby  increased  to  five,  and  thai  council 
the  lientenanl  governor  Bhall  be  ez-offieio  one  of  the  said  five  mem- 
ben. 


No.  7. — An  ORDINANCE  amending  and  re-enacting  the  Ordinance  pre- 
scribing the  <iuti'-s  of  tin'  Advisory  <  !ouncil. 

Kay  1,  1861. 

Be  it  ordained,  thai  the  ordinance  adopted  on  the  twenty-third 
April,  eighteen  hundred  ami  sixty-one,  prescribing  the  duties  of  tin' 

advisory  council,  lie  amended  and  re-enacted  so  as  to  read  as4  fol- 
lows: 

1.  That  in  the  appointment  of  a  council  of  five  by  the  convention,  council 
upon  tin-  nomination  of  the  governor,  to  aid,  counsel  and  advise  him  ercigeoi 
in  the  exen  ise  oi  bit  executive  authority  in  the  present  emergency,  ]'.', 

it  was  not  the  purpose  or  intention  of  the  convention  to  confer  on 
the  council  die  power  to  control  die  governor  in  the  <  I  his 

executive  functions;  but  it  was  then:  purpose  to  impose  opon  the 
governor  the  obligation  to  consult  the  council  in  regard  to  all  execu- 
tive acts  growing  out  of  tin-  said  emergency. 

2.  That  a  regular  .journal  of  the  act?  of  the  council  shall  be  kept,  J<  oraal 
in  which   shall   he  recorded   all   appointments,  and  the   votes  of  the  ',',''.'', 

ral  councilors  thereupon.  :obe 


- — An  < >l,'l  »I\  \    ■  ribiog  the  t  "  of  the 

iciL 

Tn- 

ordained.  that  the  members  of  the  executive  council  who  rc- 
larv  from  the  s-t ri t < ■ .  shall  r<  oeive  four  dollars  ].« rday  dai 
and  thow  tin- 

shall  r<  •  per  day  of  such  servia  :   provided, 

however,  that  this  ordinance  shall  not  l  lode 

the  lii  ut.  rnor  frou  pet  lay  foi 


ORDINANCES   OF    THE    VIRGINIA    CONVENTION. 


r  niitho 

tint-  >  r- 


•  r  to  ap- 
point a: 

-Hiv  ami 

li.if  .1  ^ 

■ 


—An  ORDINANCE  t ill  the  Volunteers  Inl  e  of  (he 

Stat  i  for  Other  purposes. 

rfl  IT,  18G1.  ' 

ordained,  that  the  governor,  of  the  commonwealth  be  and  he 
is  hereby  authorized  and  required  to  oall  into  the  service  of  the  Btate 
a*  many  volunteers  as  may  1"'  nec<  Bsary  to  repel  invasion,  and  pro- 
tecl  the  citizens  of  the  Btate  in  the  present  emergency  \  which  volun* 
teen  he  will  receive  in  companies,  and  organize  into  regiments, 
brigades  and  divisions,  according  to  the  force  required;  and  the 

i. nr  >li:»ll  appoint  and  commission  the  general,  field  and  Btaff 
officers  of  said  volunteers,  and  proceed  to  have  them  organized  and 
instructed  :  And  thai  he  shall  immediately  invite  all  efficient  and 
worthy  Virginians  and  residents  of  Virginia  in  the  army  and  navy 
of  the  United   States  to  retire  therefrom,  and   to  enter  the  service  of 

ni?.  assigning  to  them  such  rank  as  will  not  reverse  the  relative 

rank  held  by  them  in  the  United  States  service,  and  will  at  least  be 
equivalent  thereto. 


-  tor  to 

repel  111 


2.   Be  it  further  ordained,  that  the  governor  shall  repel  invasion, 

and  see  that  in  all  things  the  commonwealth  take  no  detriment:   and 

shall  exercise  for  this  purpose  the  powers  conferred  upon  him  by  thi 

constitution  and  laws  of  the  state. 


$  100  000  appro- 


.'!.    Be  it  further  ordained,  thai  to  enable  him  to  carry  out  the 

resolution  aforesaid,  the  sum  of  one  hundred  thousand  dollars  he  and 

the  same  is  hereby  appropriated  out  of  any  money  in  the  treasury  not 
oth.ru i-e  appropriated. 


No.  in. — An  ORDDTANCE  concerning  Officers  in  the  Kcvcnue  and  ( 'mist 
Survey  Service  of  the  United"  States. 

Paued  April  30,  1861. 

lie  it  ordained,  that    the  ordinance   passed  on  the  seventeenth  day 
Virginia  ' x\  ">. ■!'  of  April   eighteen   hundred    and   sixty-one  by  the   convention,  which 

.?','!,'■' :",'.i  directs  the  governor  of  the  commonwealth  to  invite  all  effioient  ami 
orthv  Virginians  ami  residents  of  Virginia  in  the  army  and  navy  of 

■  the  •  . 

United 81  •  the  United    States,  to   retire   therefrom,  and   to   enter  the   sen  ice  of 

Virginia,  he  ami  the  same  is  hereby  extended  to  all  such  officers  in 

the  revenue  service  and  coast   survey  service  of  the  United   States: 

And  the  governor  is  authorized  to  make  such  provision  for  them  as 
may  he  proper,  and  will  not  interfere  with  the  rank  conferred  upon 
officers  "I   the  navy. 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION.  3#9 


No.  u, — ,\,,  ORDINANCE  to  provide  for  the  appointment  of  a  Commander 
of  the  Military  and  Naval  Forces  of  the  State,  in  subordination  to  the 
Governor. 

Pi  ued  April  L9,  1861. 

Be  it  ordained,  that  the  office  of  commander  of  the  military  and  office  ortnajor 

-     ,  -ii  ,       r  li  *ii      general  crciit<  il 

naval  forces  nt  the  Btate,  with  the  rank  ot  major  general,  be  and  the 
same  is  hereby  created.  The  said  commander  shall  be  appointed  by  How  appointed 
the  governor  of  the  commonwealth,  by  and  with  the  advice  and  con- 
sent of  this  convention,  and  in  subordination  to  the  governor,  shall 
take  charge  of  the  organization  and  operations  of  all  the  military 
and  naval  forces  which  may  be  oalled  into  the  service  of  the  state. 

Be  il  farther  ordained,  thatiche  said  commander  shall  take  rank  Rank  and  pre- 
and  precedence  over  all  other  military  and  naval  officers  of  the  Btate,  other  officer* 
without  regard  to  date  of  commission. 


No.  12. — An  ORDINANCE  to  authorize  the  appointment  of  Aids  by  the 

i  nor. 
.1  April  19,  1861. 

Be  it  ordained,  that  the  governor  of  the  commonwealth  be  autho- 
rized to  appoint  as  many  aids,  with  the  rank  of  lieutenant  of  cavalry, 
as  the  necessity  of  the  service  may  require. 


No.  l:'.. — An  ORDINANCE  to  provide  fur  the  organization  of  a  Provisional 
Army  for  the  State  of  Virginia. 

Passed  April  27,  1861. 

Be  it  ordained,  thai  there  shall  be  organized  a  provisional  army  i 
for  the  state  of  Virginia,  as  the  exigencies  of  the  service  may  require ; 
which  army  shall  consist,  in  addition  to  the  major  general  command- 
ing the  military  and  na\  al  forces  of  the  State,  of  four  brigadh  r  l.''  in'- 

two  regiments  of  artillery,  eight   regiments  of  infantry,  • 
regiment  <>f  riflemen,  and  one  regiment  of  cavalry.     Each  regiment  Of  what 

•ii  i      ii  r  ii  i-  li  '  '"  "f  -ir' 

of  artillery  shall  consist  <>l  one  colonel,  one  lieutenant   colonel,  • 
major,  it  major,  one   quartermaster  sergeant,  and   ten88 

:  and  i  aeh  company  shall  consist  of  one  captain, 

lieutenant,  one  second   lieutenant,  four  -  our  corporal-,  two 

artifn  i  ty-two  prii  il  Each  r<  gin*  nt  i 

of  infantry  shall  oonsisi  ol  one  colonel,  one  lieutenant  colonel., 
major.  •  mt   major,  ope  qm  - 

pal  ii  j  shall  ooi 

a  captain,  one  first  lieutenant,  one  second  lieutenant,  four 
i  porals,  two  mu  two  prii  • 


10  ORDINANCES    OF   THE   VIRGINIA    CONVENTION. 

Of  what  regiment  of  cavalry  shall  consist  of  one  colonel,  one  lieutenant 

"  colonel,  one  major,  one  adjutant,  \\h<>  shall  be  a  lieutenant,  one  Ber- 

.t  major,  one  qnartermaetei  Bergeant,  one  chief  musician,  two 

chief  buglers,  and  tea  companies;  and  cadi  company  shall  consist 

of  one  captain,  one  first  lieutenant,  one  second  lieutenant,  exclusive 

of  the  lieutenant  who  is  to  be  the  adjutant  of  the  regiment,  four  ser- 
geants, one  of  whom  shall  act  as  quartermaster  sergeant  to  the 
company,  four  corporals,  two  buglers,  one  farrier  ami  blacksmith  ami 
seventy-two  privates. 

Or  what  The   regiment   of  riflemen   shall   consist  of  one  colonel,  one  lieu- 

,:, .,,;,;-  tenant  colonel,  one  major,  one  sergeanl  major,  one  quartermaster 
sergeant,  two  principal  musicians,  ami  ten  companies;  and  each 
company  shall  consist  of  one  captain,  one  first  lieutenant,  one  se- 
cond  lieutenant,  four  sergeants,  four  corporals,  two  musicians  and 

seventy-two  privates. 

officers      The  brigadier  generals  and  field  officers  of  the  said  provisional 
tu  be  appointed   ani)v  ^a]]  1(e  appomte(|  ])}.  tlie  goyemor,  by  and  with  the  advice  and 

consent  of  this  convention,  and  the  captains  and  lieutenants  shall  be 
appointed  by  the  governor,  by  and  With  the  advice  and  consent  of 
his  advisory  council,  and  the  governor  shall  commission  the  same; 
hut  in  the  recess  of  the  convention,  the  governor  may  appoint  the 
general  and  field  officers,  by  and  with  the  advice  and  consent  of  his 
advisory  council,  if  the  said  officers  cannot  he  SOOner  appointed  ;   hut 

the  appointment  of  such  officers  shall  fie  subject  to  ratification  or  re- 
jection by  the  convention  at  its  adjourned  session,  and  their  commis- 
sions  shall  expire  upon   the  adjournment  of  the  convention,  unless 
Preference  to  be  confirmed.     In  making   all   the  appointments  for  the  provisional 

Sln^tathe*1'     army,  preference  shall   he   given   to  all  worthy  and  efficient   citizens 

United Statei  uj   reBi(lent8  of  Virginia,  who  have  held  or  now  hold  commissions 

army 

in  the  army  of  the  United  Stales,  and  have  resigned  or  shall  resign 
the  same  with  a  view  to  offer  their  services  to  this  state. 

Major  general  to      The  major  general   commanding  the  military  and   naval   forces  of 

,;;,;:, ;;,ls  the  state  shall  be  entitled  to  two  aids" decamp,  who  may  be  taken 
■,r-v  from  the  line  without  regard  to  rank ;  and  he  may  appoint  a  military 

secretary  either  from  private  citizens  or  from  the  subalterns  of  the 
Pay  of  secretary  army,  who,  for  the  time  being,  shall  have  the  pay  and  emoluments 
of  a  captain  of  cavalry.  Each  brigadier  general  shall  be  entitled  to 
one  aid,  to  be  taken  from  the  subalterns  of  the  line;  and  to  each  re- 
giment  there  shall  be  an  adjutant,  to  be  appointed  from  among  the 

subalterns  by  the  commanding  officer  of  the  regiment. 

Term  of  enlist-  The  non-comniissioiied  officers,  musicians,  artificers,  farriers  and 
blacksmiths  and  privates  Of  the  provisional  army,  shall  be  enlisted 
for  three  years,  unless  sooner  discharged,  and  the  regulations  for 
their  enlistment  shall  be  prescribed  by  the  major  general  command- 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION.  11 

ing  the  military  and  naval  forces,  subject,  however,  to  the  approval 
of  the  governor  and  his  advisory  council. 

I 

The  officers  of  the  provisional  army  shall  take  rank  and  precedence  Rank  of  offio  rs 
over  all  officers  of   the  same  grade  Of   the  volunteers    and    militia,  army  totaie 

without  regard  to  date  of  commission;  and  the  governor  may  pm- prcce  ence 
oeed  at  once  t<>  appoint)  in  the  mode  prescribed,  the  general  and  field 

officers  of  the  provisional   army,   and   they  may  be   assigned  to  duty 

with  their  respective  rank  with  the  volunteers  which  have  been  or 
may  be  called  into  sen  ice. 

General  regulations  for  the  provisional  army  and  all  the  depart-  General refenla- 
ments  of  the  military  and  naval  forces,  may  be  prescribed  by  the  scribed °w  pre 

Commander  of  the   military  and   naval   forces,  subject  to  the  ratifica- 
tion of  the  governor  and  his  advisory  council. 

This  ordinance  shall  be  in  force  from  the  time  of  its  adoption,  and  Commencemcrt 
be  subject  in  amendment,  modification  or  repeal  by  this  convention, 

or  by  the  general  assembly. 


• 


14.— An  OR1  UNANCE  establishing  the  Navy  of  Virginia. 

Tagged  April  'J7,  186L 

Be  it  ordained,  that  the  navy  of  Virginia  idiall  consist  of  two  thou-  Of  what  the 
Band   seamen  and  marines,  in  such  proportions  as  the  governor  shall conitst  ' 
deem   expedient,  and  of  such  officers  as  have   availed   themselves  or 
may  hereafter  avail    themselves  of  the  invitation  of  this  common- 
wealth to  worthy  and  efficient   Virginians  and  residents  of  Virginia 
in  the  navy  of  the  United  States  t<>  retire  therefrom  ami  to  enter  the 
Service  of  this  State.     The  rank  of  such  officers  shall  not  be  reversed,  mink  not  to  be 
and  tiny  shall  have  at   least  a  rank  equal  to  that  held  in  the  United 
V- 

2.  The  organisation  of  the  navy  shall  be  prescribed  by  the  [rover-  Orgaajsauoa, 
nor,  ami  the  pay,  rations  ami  allowance-  shall  be  the  same  with  those 
of  the  United  States  uavy  at  tin-  present  time. 

::.  Virginian    ami  residents  of  Virginia  on  the  reserved  list  of  the  virginiai 
lavy,  who  resigned  and  desire  to  enter  the  service  of  i 
ie.  may  be  provided  for  bj  the  governor,  by  allowing  them  tl 
same  pay  they  received  in  the  United  state-  navyfand  reguiring  from  •  v,rnr,r 
them  such  duties  m  they  are  competent  to  diseiuu  - 

1.  T'"'  rules  for  the  government  of  thi   United  Si 

I    time   shall   1- 


12 


OKI) I. NANCES    OF    THE    VIRGINIA    CONVENTION. 


1  pro-     governor,  and  made  applicable  to  the  navy  of  Virginia,  and  shall 
then  be  promulgated  as  the  rules  governing  the  Baid  navy. 


i 

w.ul 


5.  The  term  of  enlistment  in  the  navy  shall  be  three  years  for  sea- 
men and  five  fo|  the  marines ;  and  boys  not  under  thirteen  may  be 
enlisted  with  the  consent  of  their  parents  or  guardians.  Proper  re- 
gulations for  enlistment  shall  be  prescribed  bj  the  governor. 


u  ■    I  depart-      6.  A  medical  department  shall  be  organized  by  the  governor ;  but 

,'■',',1°  no  person  shall  be  appointed  thereto  who  has  not  been  ;i  Burgeon  or 
assistant  surgeon  in  the  navy  of  the  United  States,  or  been  examined 
and  approved  by  a  board  of  surgeons  designated  for  the  purpose. 


No.  15. — An  ORDINANCE  to  provide  for  the  organization  of  Staff  Depart- 
ments for  the  Military  Forces  of  the  State  (but  subsequently  amended 
and  re-enacted). 

Passed  April  21,  1861. 

How  tbi  Beit  ordained,  that  the  governor  of  Virginia  is  empowered  and 

departmi  ate  di-    ,.  ,  .  ...-,. 

vhi  d  and  Low     directed  to  organize,  as  the  exigencies  ot  the  service  may  require  : 

composed 

1.  A  subsistence  department,  to  be  composed  of  one  colonel,  one 
lieutenant  colonel,  two  majors,  and  four  captains. 

2.  A  quartermaster's  department,  of  one  colonel,  one  lieutenant 
colonel,  two  majors,  and  four  captains. 

3.  A  pay  department,  to  be  composed  of  four  paymasters,  with 
the  rank  of  major  of  cavalry. 

4.  A  medical  department,  to  be  composed  of  one  surgeon  general, 
with  the  rank  of  colonel  of  cavalry,  ten  surgeons,  and  ten  assistant 

surgeons. 

5.  An  adjutant  general's  department,  to  be  composed  of  one  ad- 
jutant general,  of  the  rank  of  colonel  of  cavalry,  with  authority  to 
the  commander  in  chief  to  detail  as  many  officers  as  assistant  adju- 
tant generals  as  the  service  may  require. 


This  ordinance  shall  be  in  force  from  its  passage. 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 


^ 


No.   16. — An    ORDINANCE    amending  and    re-enacting  the   Ordinance 

adopted  on  the  twenty-first  instant,  for  the  organization  of  Stall"  Depart- 
ments for  the  Military  Forces  of  the  State. 

Passed  April  24,  1861. 

Be  it  ordained,  that  the  governor  of  the  commonwealth  be  and  he  Number  of  staff 
is  hereby  authorized  and  required  to  organize,  as  the  exigencies  of  how  composed 

the  service  may  require  : 

An  adjutant  general's  department,  with  one  adjutant  general  of 
the  rank  of  colonel,  two  assistant  adjutant  generals  of  the  rank  of 
major,  and  four  assistant  adjutant  geuerals  of  the  rank  of  captain. 

A  quartermaster's  department,  with  one  quartermaster  general  of 
the  rank  of  colonel,  one  assistant  quartermaster  general  with  the 
rank  of  lieutenant  colonel,  two  quartermasters  with  the  rank  of 
major,  and  four  assistant  quartermasters,  with  the  rank  of  captain. 

A  subsistence  department,  with  a  commissary  general  of  the  rank 
of  colonel,  an  assistant  commissary  general  of  the  rank  of  lieutenant 
colonel,  two  commissaries  of  the  rank  of  major,  and  four  assistant 
commissaries  of  the  rank  of  captain. 

A  medical  department,  with  a  surgeon  general  of  the  rank  of 
colonel,  ten  surgeons  of  the  rank  of  majors,  and  ten  assistant  sur- 
geons of  the  rank  of  captain. 

A  pay  department,  with  a  paymaster  general  of  the  rank  of  colonel, 
and  three  paymasters  with  the  rank  of  major. 

An  engineer  corps,  with  one  colonel,  one  lieutenant  colonel,  two       • 
majors,  six  captains,  two  first  lieutenants,  and  two  second  lieutenants. 


To  this  corps   shall    he  attached   two   companies  of    sappers  and  Sappers  and 
iners,  to  each  of  which  shall  be  assigned  one  c 

tenant,  and  one  second  lieutenant  of  engineers. 


miners,  to  each  of  which  shall  be  assigned  one  captain,  one  first  licu- 


The  adjutant   general's  department   above    provided   for,  shall    be  Adjutant  geae- 
the  adjutant    general's    department    for   all    the    military  forces  Which  provided  for  by 

shall  be  called   into  service  in  the   field,  camp  or  garrison,  and  shall  uidependentof 

lie  entirely  separate  and  independenf  of  the  adjutant  general's  tic-  *2|»ntSBBitm«ii 
partnient  of  the  militia,  and  the  quartermaster's  department,  the «**• 'mUiti* 
subsistence  department,  the  medical  department,  and  the  pay  de- 
partment shall  take  charge  of  all  the  operations  of  their  respective 
departments  for  all  branches  of  the  military  service. 

The  governor  shall  appoint  the  officers  of  the  several  departments  Governor  to  ap- 
above  oamed,  including  the  engineer  oorps,  b  v  and  with  the  advice 


14  ORDINANCES    OF   THE    YIKOINIA    CONVENTION. 

ami  consent  of  the  advisor}'  council,  established  under  an  ordinance 
of  this  convention,  and  he  shall  commission  the  same. 

Commencement       This  ordinance  shall  be  in  force  from  its  passage,  and  shall  be  in 
the  lieu  and  stead  of  the  ordinance  adopted  on  the  twenty-first  instant. 


No.  17. — An  ORDINANCE  in  respect  to  Confirmations  by  the  Convention. 
Passed  April  27,  18C1. 

Convention  to        Be  it  ordained,  that  no  appointment  of  officers  of  volunteers  above 

ments  above.0      the  rank  of  lieutenant  colonel  .shall  be  valid  until  confirmed  by  the 

colonel*11*  convention,  unless  made  during  the  recess  of  the  convention  :  and  in 

Exception  sncli  ease  the  appointment,  unless  subsequently  confirmed,  shall  be 

deemed  vacated  on  the  adjournment  or  recess  of  the  convention: 

And  all  such  appointments  heretofore  made,  shall  be  sent  into  the 

convention  for  confirmation  or  rejection. 


No.  18. — An  ORDINANCE  concerning  the  Quartermaster's  Department. 
Passed  April  27,  1861  (but  subsequently  repealed). * 

Duty  of  quarter-  Be  it  ordained  by  the  convention  as  follows,  to  wit :  That  in  addi- 
tion to  their  duties  in  the  field,  it  shall  be  the  duty  of  the  quarter- 
master general,  his  deputies  and  assistant  deputies,  when  thereto 
directed  by  the  governor,  to  purchase  military  stores,  camp  equipage 
and  other  articles  requisite  for  the  troops,  and  generally  to  procure 
and  provide  means  of  transport  for  the  army,  its  stores,  artillery  and 

To  account  to  camp  equipage  :  that  the  quartermaster  general  shall  account  as  often 
as  may  be  required,  and  at  least  once  in  three  months,  with  the  first 
auditor,  in  such  manner  as  shall  be  prescribed,  for  all  property  which 
may  pass  through  his  hands  or  the  hands  of  the  subordinate  officers 
of  his  department,  or  that  may  be  in  his  or  their  care  or  possession, 
and  for  all  moneys  which  he  or  they  expend  in  discharging  their  re- 
spective duties ;  that  he  shall  be  responsible  for  the  regularity  and 

Oath  to  be  taken  correctness  of  all  returns  in  his  department ;  and  that  he,  his  depu- 
ties and  assistant  deputies,  before  they  enter  on  the  execution  of 
their  respective  offices,  shall  severally  take  an  oath  faithfully  to  per- 

Penalty  of  bond  form  the  duties  thereof;  the  penalty  of  said  bonds  to  be  prescribed 
by  the  governor,  and  said  bonds  to  be  filed  with  the  first  auditor; 
that  the  quartermaster  general  shall  be  responsible  for  the  regularity 
ami  correctness  of  all  returns  in  his  department. 

*This  ordinance  was  repealed  on  the  30th  of  April  1861,  by  §  18  of  No.  25,  and  is 

published  only  because  certain  rights  and  liabilities  may  have  accrued  under  it  before 
its  repeal. 


ORDINANCES   OF   THE   VIRGINIA    CONVENTION.  1-3 

Neither  the  quartermaster  general,  the  commissary  general,  nor  QuartennaBter 

„    ■    .      -i        ,.  •  ,      .    -i        ,  •  i    n    i  general  and  hla 

any  or  either  of  their  deputies  or  assistant  deputies,  shall  be  con-  deputies  prohi- 

cerned,  directly  or  indirectly,  in  the  purchase  or  sale,  for  commer-  tog ^r  goSng y 
cial  purposes,  of  any  article  intended  for,  making  a  part  of,  or  ap- 
pertaining to  their  respective  departments,  except  for  and  on  account 
of  the  state  of  Virginia;  nor  shall  they  or  either  of  them  take  or 
supply  to  his  or  their  use  any  gain  or  emolument  for  negotiating  or 
transacting  any  business  in  their  respective  departments,  other  than 
what  is  or  may  be  allowed  by  law. 

That  the  quartermaster  general  be  and  he  is  hereby  empowered  to  Barrackmaster 
appoint  one  principal  barrackmaster,  and  as  many  deputy  barrack-  be  appoinuli 
masters  as  may  from  time  to  time  be  necessary,  not   exceeding  one 
to  each  separate  barrack  or  cantonment. 

That  the  governor  of  the  state  of  Virginia  be  and  he  is  hereby  Special  commis- 
empowered,  as  he  may  deem  it  expedient,  either  to  appoint,  for  the  pointed  by 
time  being,  a  special  commissary  or  commissaries  for  the  purpose  0|K"N"""r 
supplying,  by  purchase  or  contract,  and  of  issuing,  or  to  authorize 
any  officer  or  officers  in  the  quartermaster  general's  department  to 
supply  and  issue  as  aforesaid,  the  whole  or  any  part  of  the  subsistence 
of  the  army  in  all  eases  where,  either  from  the  want  of  contractors, 
or  from  any  deficiency  on  their  part,  or  from  any  other  contingency, 
such  measure  may  be  proper  and  necessary  in  order  to  insure  the 
subsistence  of  the  army  or  of  any  part  thereof;  and  such  special  com-  Compensation 
missaries  shall  each,  whilst  employed,  be  entitled  to  the  pay  and 
emoluments  of  a  deputy  quartermaster  general. 

The  quartermaster  general  shall  be  authorized,  with  the  approba- 
tion and  under  the  direction  of  the  governor,  to  appoint  as  many  fo- 
wagon  and  barrackmasterB,  and  to  employ  as  many  artificers, 

mechanics  and  laborers  as  the  public  service  may  require. 

All  officers  of  the  navy,  commissary  and  quartermaster's  depart- Commissary  and 

•      "  ,       i     •         r    ,    •  allofficert 

ment  shall,  previous  to  their  entering  on  the  duties  oi  their  respeo- navy  to  give 

the  offices,  give  bonds  with  snflicient   security,  to  be  approved  of  by 

tic  first  auditor,  conditioned  for  the  faithful  expenditure  of  all  public 

moneys,  and   accounting  for  all    public  property  which  may  come  to 

their  hands,  respectively ;  and  the  quartermaster  genera]  and  com- 
missary genera]  shall  neither  be  liable  for  any  money  or  property 

that  may  mine  into  the  hands  of  the  subordinate  others  of  hifl  de- 
partment, who  are  required  by  this  ordinance  to  give  bond.  And 
all  paymasters,  commissaries  and  storekeepers  shall  be  .-abject  to 
the  rule-  and   article-  of  war  in  the  same  manner  a-  commissioned 

officers. 
It  shall  be  the  duty  of  the  quartermaster's  department,  in  ad  lition  Quart*  • 

i-i  ii  •  •  department  to 

to  its  duties  above  prescribed,  to  receive  from  the  purchasing  depart-  distrust* 


16 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 


ciotbinc.  <fcc.  to  ment,  and  distribute  to  the  army,  all  clothing  and  camp  and  garrison 
equipage  required  for  the  use  of  the  troops,  and  that  it  shall  be  the 
duty  of  the  quartermaster  general,  under  the  direction  of  the  gover- 
nor, to  prescribe  and  enforce,  under  the  provisions  of  this  ordinance, 
a  system  of  accountability  for  all  clothing  and  equipage  issued  to  the 
army. 


Quarterly  re- 
turn* to  be  made 
by  captains  to 

quartermaster 
general 


Officers  charged 
with  the  issue  of 
clothing,  &c.  to 
be  charged  with 
deficiency  or 
damage 


Every  captain  or  commander  of  a  company,  detachment  or  recruit- 
ing station,  or  other  officer  who  shall  have  received  clothing  or  camp 
equipage  for  the  use  of  his  command  or  for  issue  to  the  troops,  shall 
render  to  the  quartermaster  general,  at  the  expiration  of  each  regular 
quarter  of  the  year,  quarterly  returns  of  such  supplies  according  to 
the  forms  which  may  be  prescribed,  accompanied  by  the  requisite 
vouchers  for  any  issue  that  shall  have  been  made  ;  which  returns  and 
vouchers,  after  due  examination  by  the  quartermaster  general,  shall 
be  transmitted  for  settlement  to  the  first  auditor.  It  shall  be  the 
duty  of  all  officers  charged  with  the  issue  of  clothing  or  other  sup- 
plies, carefully  to  preserve  the  same  from  waste  or  damage ;  and  in 
case  of  deficiency  in  final  settlement  of  any  article  of  supplies,  the 
value  thereof  shall  be  charged  against  the  delinquent,  and  deducted 
from  his  monthly  pay,  unless  he  shall  show  to  the  satisfaction  of  the 
first  auditor,  by  one  or  more  depositions  setting  forth  the  circum- 
stances of  the  case,  that  the  said  deficiency  was  occasioned  by  un- 
avoidable accident,  or  was  lost  in  actual  service  without  any  fault  on 
his  part ;  and  in  case  of  damage,  he  shall  also  be  subject  to  charge 
for  the  damage  actually  sustained,  unless  he  shall  show,  in  like  man- 
ner, to  the  satisfaction  of  the  first  auditor,  that  due  care  and  atten- 
tion were  given  to  the  preservation  of  said  supplies,  and  that  the 
damage  did  not  result  from  neglect. 


In  case  of  ab- 
Bence,  governor 
to  appoint  tem- 
porary officer 


That  during  the  absence  of  the  quartermaster  general,  or  the  chief 
of  any  other  bureau  or  department  of  the  military  department,  the 
governor  be  authorized  to  empower  some  officer  of  the  department 
or  corps  whose  chief  is  absent,  to  take  charge  thereof,  and  to  perform 
the  duties  of  quartermaster  general  or  chief  of  the  department  or 
corps,  as  the  case  may  be,  during  such  absence :  provided,  that  no 
additional  compensation  be  allowed  therefor. 


Military  store-  There  shall  be  added  to  the  quartermaster's  department  not  ex- 
appointed  b°  ceeding  three  military  storekeepers  ;  and  such  storekeepers  shall  be 
appointed  in  the  same  manner  as  the  quartermaster  general,  and 
Bond  to  be  given  shall,  before  entering  upon  the  performance  of  their  duties,  give  bond 
with  sufficient  security,  to  be  approved  by  the  governor,  in  such  pe- 
nalty as  the  governor  may  direct,  with  condition  for  the  faithful  per- 
formance of  their  duties :  said  bonds  to  be  filed  with  the  first  auditor. 


All  bonds  required  to  be  given  by  this  ordinance  shall  be  made 
payable  to  the  state  of  Virginia. 


ORDINANCES    OF   THE   VIRGINIA    CONVENTION.  17 

This  ordinance  shall    be  in  force  from  its   adoption,  subject  to  Commencement 
amendment,  mollification  or  repeal  by  this  convention,  or  by  the 
general  assembly  of  Virginia. 


N©.  19. — An  ORDINANCE  concerning  the  Commissary  Department. 

Passed  April  07,  1861. 

Be  it  ordained  by  the  convention  as  follows,  to  wit  :    The  commis-  Bomis  of  com- 

,  .  mlssariea 

sary  general,  assistant  commissary  general,  commissaries  and  as- 
sistant commissaries,  before  entering  on  the  duties  of  their  oflices, 
shall  give  bonds  with  approved  security,  in  such  penalties  as  the 
governor  may  direct  ;  and  as  ninny  acting  assistant  commissaries 
may  be  detailed  from  the  subalterns  of  the  line  as  may  be  necessary, 
who  shall  likewise  give  bond  and  security  as  above  directed.  The 
bunds  hereby  required  to  be  given  shall  be  made  payable  to  the  state 
of  Virginia,  and  shall  be  tiled  with  the  first  auditor.  The  commis-  Duties 
sary  general  and  his  assistants  shall  perform  such  duties  in  pur- 
chasing and  issuing  of  rations  to  the  army  of  the  state  of  Virginia 
as  the  governor  may  direct.     , 

Supplies  for  the  army,  unless  in  particular  and  argent  cases  the  How  supplies 
governor  should  otherwise  direct,  shall  be  purchased  by  contract,  to 
be  made  by  the  commissary  general,  on  public  notice,  to  be  delivered 
on  inspection  in  the  bulk,  and  at  such  places  as  shall  be  stipulated; 
which  contract  shall  be  made  under  such  regulations  as  the  governor  ' 
may  direct. 

This  ordinance  shall  be  in  force  from  the  time  of  its  adoption,  sub- 
ject to  amendment,  modification  or  repeal  by  this  convention,  or  by 
the  general  assembly  of  Virginia. 


No.  20.— An  ORDINANCE  prescribing  the  Duties  of'the  Paymaster 
<  leneral. 

I'..  -■  .1  April  27, 1861.  -         */ 

The  paymaster  general  shall  receive  from  the  treasury  <>f  the  state 
all  mone]  a  entrusted  to  him  to  pay  the  troops  or  purchase  subsistence 
or  forage,    lie  shall  receive  the  pay  abstracts  of  the  paymasters  of 
the  several  regiments  or  corps,  ami  shall  compare  them  with  the 
rations  or  muster  rolls  accompanying  the  said  abstracts.     lb'  shall  Tor, rtify  nio 
certify  to  the  commanding  officer  the  sums  due  to  the  respective eachoorp* to Um 
corps,  who  shall  thereupon  issue  his  warrant  on  the  said  paymaster  ^bow*11 
genera]  for  payment  accordingly.    Copies  of  all  reports  to  the  com-  Beportaaadwot 


18 


ORDINANCES    OF   THE    YIROINIA    CONVENTION. 


rants  to  be  trans-  mandmg  officer  and  die  ■warrants  thereon  shall  be  duly  transmitted 

auditor "  to  the  office  of  the  first  auditor,  to  be  examined  and  finally  adjusted 

at  the  treasury. 

This  ordinance  shall  be  in  force  from  its  adoption,  and  be  subject 
to  amendment,  modification  or  repeal  by  this  convention,  or  by  the 
general  assembly. 


Members  of 
board,  and  their 
powers  and 
duties 


No.  21. — An  ORDINANCE  to  provide  a  Board,  to  whom  shall  be  referred 
all  Claims  for  Expenditures  arising  from  the  organization,  equipment  and 
support  of  the  Land  and  Naval  Forces  called  or  to  be  called  out  for  the  de- 
fence of  the  Commonwealth  under  the  present  emergency. 

Passed  April  27,  1861  (but  subsequently  repealed).* 

Be  it  ordained  by  the  convention  of  the  commonwealth  of  Virginia, 
that  George  W.  Munford,  John  R.  Tucker  and  Jonathan  M.  Bennett, 
any  two  of  whom  may  act,  shall  be  a  board  of  commissioners,  with  au- 
thority to  audit  and  settle,  upon  principles  of  law  and  justice,  all  ac- 
counts for  expenses  incurred  in  the  assembling,  arming,  equipping 
and  maintaining  troops,  and  for  transporting  munitions  of  war,  and 
every  tiling  connected  therewith;  for  officering,  equipping  and  main- 
taining the  navy  of  the  state,  and  for  the  pay  of  officers,  seamen  and 
marines  and  employees  at  navy  or  dock  yards,  including  transporta- 
tion of  ordnance,  ammunition  and  stores  of  every  description,  the  pur- 
chase of  vessels,  and  for  damages  arising  for  seizure  and  detention  of 
vessels,  or  from  injury  or  use  of  cargo  or  property  of  any  description 
either  by  the  land  or  naval  forces,  and  for  all  other  incidental  ex- 
penses incurred  in  the  defence  of  the  state,  including  expenses  inci- 
dent to  the  guarding,  supporting  and  transportation  of  prisoners  or 
others.  And  for  this  purpose  the  said  commissioners  are  authorized 
to  administer  oaths  or  to  require  affidavits  to  be  made  where  neces- 
sary. The  said  commissioners  shall  be  authorized  to  place  in  the 
hands  of  proper  disbursing  officers,  under  regulations  to  be  prescribed 
by  them  for  the  security  of  the  money  to  be  disbursed,  such  sums  of 
money  as  may  be  required  to  give  efficiency  to  the  raising  and  sub- 
sistence of  the  army  and  navy  ordered  into  service  from  time  to  time 
under  competent  authority.  All  accounts  shall  be  sustained  by  pro- 
per vouchers,  and  when  allowed  shall  be  kept  in  a  general  account 
under  proper  heads  for  future  settlement.  And  when  said  accounts 
are  so  sustained  and  allowed,  or  when  advances  are  made  as  afore- 
AndltoT  to  issue  said,  the  said  commissioners  are  hereby  authorized  to  direct  the  au- 
ditor of  public  accounts  to  issue  his  warrants  for  the  several  amounts 
thereof,  to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated. 


Oath  to  be  ad- 
ministered 


*  This  ordinance  was  repealed  on  the  30th  of  April  1861,  by  §  18  of  ordinance  No. 
25,  and  is  published  only  because  certain  rights  and  liabilities  may  have  accrued  under 
it  before  its  repeal. 


ORDINANCES    OF   THE   VIRGINIA    CONVENTION.  '» 

The  said  accounts  so  allowed  and  paid,  shall  be  certified  by  said  How  accounts  to 

i  r    i      /-,  be  certified 

commissioners  quarterly,  for  payment,  to  the  government  01  the  Con- 
federate States,  to  be  paid  according  to  the  convention  between  this 
state  and  the  said  Confederate  States,  adopted  on  the  twenty-fifth 
April  eighteen  hundred  and  sixty-one;  and  upon  payment  thereof, 

the  sum  so  received  shall  be  paid  into  the  public  treasury  of  this 
commonwealth. 

The  said  commissioners  shall  have  power  to  appoint  a  clerk  or 
clerks. 

The  oommisionere  hereby  appointed,  for  their  services  shall  bo  al-  Pay  of  rommiR- 

.  -  sinners  and  their 

lowed  each  the  sum  of  three  dollars  per  day  of  actual   service,  and  clerk 
they  may  allow  to  their  clerk  or  clerks  such  sum  as  may  be  reasonable. 


No.  22.— Au  ORDINANCE  providing  for  Enlistment  in  the  Provisional 

Army. 

Passed  April  27,  1801." 

1.  All  free,  able-bodied,  effective  men,  between  the  ages  of  eigh-  Who  to  be  en- 
teen  and  forty-five  years,  may  be  enlisted,  and  the  enlistment  shall 

be  binding  on  minors,  provided  they  are  allowed  four  days,  including  Provision  as  to 
the  day  of   enlistment,  to  reconsider  and   retract    their  enlistment.1" 
During  these  four  days,  they  shall  receive  no  pay,  bounty  or  clothing, 
and  shall  not  be  restrained  of  their  liberty.     After  the  expiration  of 
that  period,  without  retraction,  the  enlistment  shall  be  binding. 

2.  Minora  enlisting  without  the  knowledge  of  their  parent  or 
guardian,  shall  be  discharged  on  the  application  of  such  parent  or 
guardian. 

3.  No  person  convicted  of  an  infamous  offence  shall  be  enlisted,  who  not  to  be 

*  enlisted 


—  An  ( IRDIN  \N<  IE  regulating  the  Term  Pay  and  Man- 

ner of  Enlistment  of  Volunteers. 

d  April  SO,  18SL 

Beit  ordained,  that   the  term   of  service  of  the  volunteers  called  Term  of  i 
Into  service  under  the  ordinance  passed  on  the  l?th  of  April  1861, 

shall  be  twelve  months  from  the  time  they  were  mustered   into  ser- 

rioe,  unless  they  be  sooner  ditohai  pt  where  their  term  of  Exception 

enlistment,  under  existing  laws,  expires  before  the  end  of  the  said  k 

period;  in  which  case,  they  shall  be  discharged  on  tie  expiration  of 
such  enlistment. 


20 


ORDINANCES    OF   THE   VIRGINIA    CONVENTION. 


2.  Enlistment  for  the  volunteer  corps,  after  they  are  mustered  into 
service,  shall  be  made  in  conformity  with  such  regulations  as  the 
commander  in  chief  shall  prescribe. 

when  pay  com-       3.    The  pay  of  the  volunteers  shall  commence  from  the  time  they 
were  organized  at  any  rendezvous  under  proper  authority. 


No.  24. — An  ORDINANCE  prescribing  the  Pay  of  the  Provisional  Army 
and  of  the  Volunteer  forces  of  the  State  of  Virginia. 

Passed  May  1,  1861. 

Be  it  ordained,  that  the  major  general  and  commander  of  the 
military  and  naval  forces  of  the  state  of  Virginia  shall  be  entitled  to 
receive  the  same  pay,  allowances  and  emoluments  which  are  given 
to  a  major  general  in  the  army  of  the  United  States. 

Grade  2.    That  the  general  and  field  officers  of  the  volunteers  shall  not 

exceed  in  grade  the  general  and  field  officers  of  the  provisional  army. 


Pay,  emolu- 
ments, &c 


3.  The  pay,  emoluments  and  subsistence  of  the  provisional  army, 
and  of  the  volunteers  and  militia  in  actual  service,  shall  be  the  same 
with  those  of  the  army  of  the  Confederate  States.  If  there  be  any 
grade  in  the  provisional  army  or  the  volunteers  and  militia  herein 
before  provided  for,  the  governor,  by  and  with  the  advice  of  his 
council,  may  prescribe  the  pay  for  such  grade  until  further  provision 
be  made  therefor. 

4.  This  ordinance  shall  be  in  force  from  its  adoption,  and  be 
subject  to  amendment,  modification  or  repeal  by  this  convention,  or 
by  the  general  assembly. 


Members  of  the 
board  ;  powers, 
duties,  &o 


No.  25. — An  ORDINANCE  for  the  better  regulation  of  the  Departments  of 
the  Army  and  Navy  of  Virginia,  and  for  the  audit  and  settlement  of  Ac- 
counts and  Claims  arising  in  the  present  emergency  tor  the  defence  of  the 
Commonwealth. 

Passed  April  30,  1861. 

1.  Be  it  ordained  by  the  convention  of  the  commonwealth  of  Vir- 
ginia, that  George  W.  Munford,  J.  R.  Tucker  and  J.  M.  Bennett 
(any  two  of  whom  may  act),  shall  constitute  a  board  of  commission- 
ers, with  authority  to  audit  and  settle,  upon  principles  of  law  and 
justice,  all  accounts  for  expenses  heretofore  or  hereafter  to  be  incurred 
in  the  assembling,  arming,  equipping  and  maintaining  troops,  in  the 
transportation  of  the  same,  of  munitions  of  war,  provisions,  and  sup- 


OKDINANCES    OP   THE   VIRGINIA    CONVENTION.  21 

plies  of  every  kind,  and  for  any  other  purpose  connected  therewith : 
also,  all  expenses  for  officering,  equipping  and  maintaining  the  navy 
of  the  state,  and  for  the  pay  of  officers,  seamen  and  marines  therein, 
and  all  employees  at  navy  and  dock  yards,  including  herein  the  ex- 
pense of  transportation  of  ordnance,  ammunition  and  stores  of  every 
description,  the  purchase  of  vessels,  and  damages  arising  from  seizure 
and  detention  of  vessels,  or  from  injury  to  or  use  of  cargo  or  properly 
of  any  kind  by  land  or  naval  forces,  or  under  the  order  of  the  autho- 
rities of  the  state :  also,  for  all  other  incidental  expenses  incurred  or 
to  be  inclined  in  the  defence  of  the  commonwealth,  including  herein  f 
the  guarding,  support  and  transportation  of  prisoners,  and  all  claims 
for  arms,  and  for  machinery  for  the  manufacture  of  arms  in  the  pub- 
lic armory,  or  others  authorized  by  existing  or  future  contracts.  The 
said  board  are  further  authorized  to  administer  oaths  or  to  require 
alii  davits  or  other  evidence  necessary  to  the  proof  of  all  such  claims. 
The  governor  shall  have  power  to  supply  any*  Vacancy  occurring  in  Vacancy,  how 
the  said  board.  In  all  cases  arising  under  this  section,  the  claimant bUpp  1C 
shall  have  a  right  of  appeal  from  the  decision  of  the  board  to  the 
governor  of  the  commonwealth. 

2.  The  said  board  shall  be  authorized  to  require  of  the  several  Hoard  to  require 
heads  of  the  departments  established  by  this  convention,  an  estimate  departments  ea- 
of  the  sums  necessary  to  be  disbursed  by  them  for  the  public  service:  ^a^dtoburae- 
and  upon  the  same  being  furnished,  to  place  from  time  to  time,  un-  1I"'"ts 

der  the  control  of  the  proper  disbursing  officers  in  said  departments, 
such  sums  of  money  as  may  be  required,  and  as  may  be  properly 
applicable  thereto,  for  the  raising  and  support  of  the  army  and  navy 
ordered  into  service  from  time  to  time  under  legal  authority. 

3.  All  accounts  presented  to  the  said  board  under  the  first  section  How  accounts  to 
shall  be  sustained  by  proper  vouchers,  and  when  allowed,  shall  be 

kepi  in  a  general  account,  under  proper  heads,  for  future  settlement. 
When  said  accounts  are  so  allowed,  and  when  moneys  are  ordered  to 

be  disbursed  by  the  1 rd  under  the  second  section,  the  said  board 

i<  hereby  authorized  to  direct  the  auditor  of  public  accounts  to  issue 

his  warrants  for  the  several   amounts  so  allowed,  to  be   paid  out  of  How  paid 

any  money  in  the  treasury  not  otherwise  appropriated. 

4.  The  board  shall  adopt  such  regulations  as  it  may  approve,  for 
tin1  security  of  the  money  to  he  disbursed  under  its  direction  under 
the  second  lection;  and  for  this  end,  may  require  the  heads  of  the 
several  departments  to  submit  such  a  system  of  regulations  for  that. 
purpose  as  may  lie  right  and  proper. 

5.  Th"  accounts  allowed  under  the  first  section,  except  claims  for  \.m„ntf<tob« 

.inn-,  and  machinery  for  the  manufacture  of  ami'-  authorized  by  ex-  [e^yto  tSego. 
isting  laws,  and  the  disbursement  ordered  under  the  second  section,  confod' 
shall  be  certified  in   proper   form,  at  the  end  of  every  quarter  of  a  ,s,aU's 
96 


22 


ORDINANCES    OF   THE   VIRGINIA    CONVENTION. 


year,  for  payment)  to  the  government  of  the  Confederate  States  of 
America,  according  to  the  convention  hetween  this  commonwealth 
and  the  said  Confederate  States,  adopted  on  the  twenty-fifth  day  of 
April  eighteen  hundred  and  sixty-one;  and  when  the  same  shall  he 
received,  it  shall  be  paid  into  the  treasury  of  this  commonwealth. 


Pay  of  members 
and  their  clerks 


6.    The  said  hoard  shall  for  their  services  receive  the  sum  of  three 
dollars  per  day  of  actual  service,  to  be  paid  to  each  of  them ;  and 
shall  have  power  to  appoint  a  clerk  or  clerks,  and  to  allow  to  them 
.      such  compensation  as  may  be  reasonable. 


Additional  du- 
ties of  quarter- 
master depart- 
ment 


Quartermaster 
to  report  to 
board  ;  when 
and  how 


7.  And  for  the  better  regulation  of  the  quartermaster's  depart- 
ment, it  is  ordained,  that  in  addition  to  field  duties,  it  shall  be  the 
duty  of  the  quartermaster  general,  and  the  subordinates  in  his  depart- 
ment, when  thereto  directed  by  the  governor,  to  purchase  military 
stores,  camp  equipage,  and  other  articles  required  for  the  troops,  and 
to  procure  and  provide  means  of  transport  for  the  array,  its  stores, 
artillery  and  camp  equipage ;  and  in'order  thereto,  to  report  such  an 
estimate  as  may  be  proper  to  the  said  board,  constituted  by  the  first 
section,  of  the  cost  thereof;  and  to  disburse  the  sums  under  their 
control,  by  the  said  board,  to  the  best  advantage.  It  shall  be  the 
duty  of  the  quartermaster  general  to  report  to  and  account  with  said 
board,  and  in  three  months,  or  oftener,  if  required,  in  such  manner 
as  it  shall  prescribe,  for  all  money  and  property  which  may  pass 
through  his  hands  or  those  of  his  subordinates,  or  may  be  disbursed 
by  them  as  aforesaid,  or  may  be  in  his  or  their  care  or  possession. 
The  quartermaster  general  shall  be  responsible  for  the  regularity  and 
correctness  of  all  the  returns  of  his  subordinates  in  his  department. 


Quartermaster  8.  The  quartermaster  general  is  authorized  to  appoint,  with  the 
^n^Si^MtOTa86  approbation  and  under  the  direction  of  the  governor,  as  many  forage 
&c  wagonmasters,  and  employ  as  many  artificers,  mechanics  and  laborers 


as  the  public  service  may  require. 


To  distribute 
clothing,  &.C 


9.  It  shall  be  the  duty  of  the  quartermaster's  department  to  dis- 
tribute to  the  army  all  clothing,  camp  and  garrison  equipage  and 
other  articles  required  for  the  army ;  and  to  prescribe  and  enforce, 
according  to  such  regulations  as  shall  be  approved  by  the  said  board, 
a  proper  accountability  for  such  clothing,  equipage  and  other  articles 
so  distributed  to  the  army. 

Every  captain  or  commander  of  a  company,  detachment  or  recruit- 
£ortPat  ni/  WS  station,  or  other  officer,  so  receiving  clothing,  equipage,  or  other 
quarterly  to       articles  for  the  use  of  his  command,  or  for  issue  to  the  troops,  shall 

quartermaster 

general  render  to  the  quartermaster  general  quarterly  returns  thereof,  accord- 

ing to  the  requisite  forms,  and  accompanied  by  the  proper  vouchers ; 
which  returns  and  vouchers  shall  be  included  by  the  said  _quarter- 
master  general  in  his  report  and  account  with  the  board  hereby  con- 
stituted. 


Captain  of  a 


H: 


ORDINANCES   OF   THE   VIRGINIA   CONVENTION.  23 

It  shall  be  the  duty  of  all  officers  charged  with  the  duty  of  issuing  Clothing,  &c.  to 
clothing,  equipage  or  other  articles,  to  secure  the  same  from  waste  from  waste  and 
and  damage.  In  case  of  the  loss  of  any  such  articles,  or  damage  offi^Trecciving 
thereto,  the  value  thereof  on  final  settlement  with  the  officer,  shall  flothin^  *J-, t0 

be  responsible 

be  charged  against  him  and  be  deducted  from  his  pay,  unless  he  thereto 
shall  show  to  the  satisfaction  of  the  quartermaster  general,  and  to 
the  said  board,  in  passing  on  his  accounts,  by  proper  evidence,  that 
such  loss  or  damage  occurred  from  unavoidable  accident,  or  in  actual 
service,  without  fault  on  his  part,  and  was  not  the  result  of  neglect 
on  his  part,  and  that  he  used  due  care  and  attention  for  the  preserva- 
tion of  such  articles. 

10.  There  shall  be  added  to  the  quartermaster's  department  mili-  Military  store- 
tary  storekeepers,   not   exceeding  three  in    number,   who  shall  be  appointed 
appointed  in  the  same  manner  as  the  quartermaster  general. 

11.  The  other  departments  of  the  army  and  navy  of  this  com- 
monwealth shall  be  subject,  in  like  manner,  as  the  quartermaster's 
department,  to  the  provisions  of  the  second,  third,  fourth,  fifth  and 
seventh  sections  of  this  ordinance,  in  so  far  as  their  respective  duties 
under  existing  or  future  laws,  may  make  them  applicable. 

12.  Whenever  the  quartermaster  general,  or  the  chief  of  any  depart-  in  case  of  ab- 
ment  of  the  army  or  navy  of  the  commonwealth  shall  be  absent  or  caucy,°goVernor 
unable  to  attend  to  his  duty,  the  governor  is  hereby  authorized  to  t0  appomt 
empower  some  officer  of  such  department  to  take  charge  thereof,  and 

to  perform  the  duty  of  said  quartermaster  general  or  chief  during 
said  absence  or  inability  :  provided,  that  no  additional  compensation 
be  allowed  therefor. 

13.  The  governor  is  hereby  authorized  to  appoint,  for  the  time  Special  commto- 

,     .  •    ,  r       , ,  c  i    •         saries  to  be  ap- 

being,  one  or  more  special  commissaries,  for  the  purpose  of  supplying  pointed  by  go- 
by purchase  or  contract,  and  of  issuing,  or  to  authorize  one  or  more  vernor 
officers  in  the  quartermaster's  department  to  supply  and  issue  the 
whole  or  any  part  of  the  subsistence  of  the  army,  in  all  eases,  when 
from  the  want  of  contractors,  or  a  deficiency  on  their  part,  or  any 
other  cause,  such  measure  may  be  necessary  and  proper  to  secure  the 
subsistence  of  the  army;  and  such  special  commissaries  shall,  whilst 
fo  employed,  be  entitled  to  the  pay  and  emoluments  of  a  deputy 

quartermaster  general. 
The  governor  Aril  have  authority  to  appoint  any  additional  offi-  Any  additional 
subject  i"  the  control  of  the  legislature,  whenever  the  chief  of  appointed 
any  department  <>f  the  army  and  navy  shall  report  thai  they  are  re- 
quired for  the  public  service,  and  the  board  hereby  constituted  shall 
concur  in  such  report,  and  request  the  governor  to  make  such  ap- 
pointments. 

1  1.    No  officer  Of  the  army  or  navy  of  Virginia,  nor  quartermaster,  who  rxriaded 
PajrmastCif  or  mimmisiarji  nor  any  member  of  the  board  herein  Ma- 


tron buying, 


•24 


ORDINANCES   OF   THE   VIRGINIA    CONVENTION. 


selling,  raaim- 
f.wrturing,  &c 


Delinquencies 


Btitnted,  shall  be  concerned,  directly  or  indirectly,  for  himself,  or  as 
agent,  or  as  partner  in  any  contract,  sale,  purchase,  manufacturing 
or  supply  of  any  article  intended  for  or  appertaining  to  any  of  said 
departments,  except  for  and  on  behalf  of  Virginia;  nor  shall  any  of 
said  officers  take  or  receive  to  his  use  and  benefit  any  gain,  commis- 
sion or  emolument  for  any  negotiation  or  transaction  of  any  business 
in  any  of  said  departments,  other  than  may  be  allowed  by  law.  If 
any  disbursing  officer  mentioned  in  this  ordinance  shall  be  found  de- 
linquent in  his  accounts,  the  board  are  hereby  required  to  report  the 
fact  to  the  governor,  who  shall  thereupon  strike  the  name  of  said 
officer  from  the  roll  of  the  army  and  navy. 

15.  Each  and  all  of  the  officers  named  in  this  ordinance  and  con- 
nected with  the  departments  of  the  army  and  navy,  shall  take  the 
oaths  prescribed  by  the  Code  of  Virginia,  chapter  thirteen,  sections 
one  and  three. 

16.  The  board  hereby  constituted  shall  require  every  storekeeper, 
paymaster  and  purser  under  this  ordinance,  to  execute  bond,  with 
sufficient  surety,  in  a  penalty  to  be  fixed  by  the  board,  conditioned 
according  to  law.  The  said  board,  in  their  discretion,  may  require 
similar  bonds  of  any  officers  of  the  army  and  navy,  referred  to  in  this 
ordinance.     Neither  the  quartermaster  general,  nor  the  commissary 

for  loss  omegicct^enera^  nQr  an^  0faej  k^  0f  a  (jepartment,  shall  be  responsible  for 

any  loss  which  may  accrue  by  the  act  or  neglect  of  any  subordinate' 
officer  in  such  department,  who  has  been  lawfully  put  in  possession 
of  money  or  other  property  under  this  ordinance,  or  any  law  of  this 
commonwealth. 

All  bonds  hereby  required  shall  be  payable  to  the  commonwealth 
of  Virginia.. 

All  paymasters,  commissaries  and  storekeepers  shall  he  subject  to 
the  rules  and  articles  of  war,  in  the  same  manner  as  commissioned 
officers. 


Officers  to  take 
oath 


Bond  to  be  exe- 
cuted by  store- 
keepers, &.C 


Responsibility 


Duties  of  officers 
in  different  de- 
partments, bow 
determined 


Ordinances  re- 
pealed 


17.  The  duties  of  the  officers  of  departments  in  the  army  and  navy 
shall,  in  so  far  as  they  may  not  be  inconsistent  with  this  or  other  or- 
dinances of  this  convention,  be  determined  by  the  laws  of  this  state 
and  of  the  United  States,  which  were  in  force  within  this  common- 
wealth on  the  seventeenth  day  of  April  eighteen  hundred  and  sixty- 
one. 

18.  The  ordinance  passed  by  this  convention  on  the  twenty-seventh 
day  of  April  eighteen  hundred  and  sixty-one,  entitled  "a  general  or- 
dinance to  provide  a  board,"  &c,  and  an  ordinance  passed  the  same 
day,  entitled  "  an  ordinance  concerning  the  quartermaster's  depart- 
ment," are  hereby  repealed. 

.  19.  This  ordinance  shall  be  in  force  from  its  adoption,  subject  to 
the  right  of  this  convention  or  of  the  general  assembly  to  amend,  alter 
or  repeal  the  same. 


ORDINANCES   OF   THE   VIRGINIA    CONVENTION.  25 


No.  26.— An  ORDINANCE  relating  to  the  Medioal  Department,  the  Adju- 
tant General's  Department  and  the  Ordnance  Department 

Passed  May  1,  1801. 

Be  it  ordained,  that  regulations  prescribing  the  duties  of  the  sur-  Regulations  an 
geon  general,  the  surgeons,  assistant  surgeons,  and  all  employees  in  adopted^by 
the  medical  department,  and  for  the  efficient  organization  and  go-  governor 
vernmont  of  said  department,  including  the  mode  of  making  pur- 
chases and  providing  stores,  shall  he  adopted  by  the  governor  and 
his  advisory  council ;  and  the  governor,  by  and  with  the  advice  and  Assistant  sur- 
consent  of  the  said  council,  may  appoint  as  many  additional  assistant  app"Ju\0ed,e 
surgeons  in  the  said  department  as  may  be  necessaiy;  and  whenever 
it  is  proper,  physicians  may  be  temporarily  employed,  under  such 
rules  as  may  be  prescribed  by  the  governor  and  his  advisory  council. 

Be  it  further  ordained,  that  all  orders  for  calling  out  volunteers  Oniorsforoaiiinp 
and  the  militia  for  active  service,  and  for  arming  the  same,  shall  be  how'iBBued6" 
issued  through  the  office  of  the  adjutant  general  for  the  troops  in  ac- 
tive service. 

Be  it  further  ordained,  that  the  ordnance  department  organized  Ordnance  de- 
under  the  provision  of  an  act  of  the  general  assembly,  heretofore  SSerttiewm" 
passed,  be  and  the  same  is  hereby  placed  under  the  control  of  the  gre'neralthe major 
major  general  commanding  the  military  and  naval  forces,  subject, 
however,  to  the  constitutional  powers  of  the  governor. 

This  ordinance  shall  be  in  force  from  its  passage. 


No.  27. — An  ORDINANCE  providing  Chaplains  for  the  Provisional  Army. 
Passed  April  27, 186L 

Be  it  ordained,  that  the  governor  shall  appoint  one  chaplain  for  Rank  and  pay 
each  brigade,  who  shall  be  entitled  to  the  same  pay  and  emoluments 
as  a  major  of  infantry. 

This  ordinance  shall  be  in  force  from  the  time  of  its  adoption,  and 
be  subject  to  amendment,  modification,  or  repeal  by  this  convention, 
or  by  the  general  assembly. 


No.  28.— An  ORDINANCE  providing  Chaplains  f..r  the  Volunfa 
TasBprl  April  30,  iHfil. 

Be  it   ordained,  that   the  governor  shall  appoint   one  chaplain   for  Hank  and  pay 
each   regiment  of  volunteers  who  shall   he  entitled   to  the  same  pay 

and  emoluments  as  captflin-  of  <  a\alrv. 


26  .  ORDINANCES    OF   TIIE   VIRGINIA    CONVENTION. 

This  ordinance  shall  be  in  force  from  the  time  of  its  adoption,  and 
be  subject  to  amendment,  modification,  or  repeal  by  this  convention, 
or  by  the  general  assembly. 


No.  29.— An  ORDINANCE  establishing  Rules  and  Articles  for  the  Govern- 
ment of  the  Annies  of  the  State  of  Virginia. 

Passed  May  1,  1861. 

Rules  of  govern-  Be  it  ordained  by  the  convention  of  Virginia,  that  from  and  after 
the  passing  of  this  ordinance,  the  volunteers  in  actual  service  and 
the  provisional  arm)*  shall  be  governed  by  the  rules  and  articles  of 
war  now  in  force  in  the  army  of  the  United  States,  amended  as 
follows : 

Insert  "the  State  of  Virginia,"  instead  of  "the  United  States  of 
America  or  the  United  States;"  "the  Governor  of  Virginia,"  instead 
of  "the  President  of  the  United  States;"  "the  Commander  in  Chief," 
instead  of  "the  Secretary  of  War;"  "the  office  of  the  Adjutant 
General,"  instead  of  "  Department  of  War,"  or  "  Office  of  the  De- 
partment of  War,"  wherever  the  latter  phrases  occur. 

In  Article  V,  strike  out  "the  President  of  the  United  States,  the 
Vice-President  thereof,  against  the  Congress  of  the  United  States,  or 
against  the  Chief  Magistrate,  or  Legislature  of  any  of  the  United 
States  in  which  he  may  be  quartered,"  and  insert  "the  Governor, 
Lieutenant  Governor,  Convention  and  Legislature  of  Virginia." 

In  Article  X,  strike  out  "them,"  in  the  phrase  "I  will  serve 
them,"  and  insert  "the  State  of  Virginia."  Strike  out  "  their," 
in  the  phrase  "their  enemies,"  and  insert  "her." 

In  Article  XXXIV,  strike  out  "in  the  State  or  Territory  where 
such  regiment  shall  be  stationed." 

In  Article  LI,  strike  out  "  employed  in  any  ports  out  of  the  United 

States." 

No  punishment        in  Article  LXXXVII,  strike  out  "  nor  shall  more  than  fifty  lashes 
by  stripeB 

be  inflicted  on  any  offender,  at  the  discretion  of  a  court  martial," 

and  insert  "no  corporeal  punishment  by  stripes  or  lashes  shall  be 

inflicted." 

In  Article  XCVII,  strike  out  the  phrase  beginning  "  save  only," 
and  all  that  follows. 

Article  XCVIII,  to  be  omitted,  and  the  numbers  of  the  articles 
following  to  be  reduced  accordingly. 


°1 


ORDINANCES   OF   THE    VIRGINIA    CONVENTION.  27 

In  Article  CI,  omit  3d,  4th,  6th,  8th  and  9th  paragraphs,  and  add  Judge  advocate, 
to  the  article  the  following  paragraph  :  "  The  governor,  by  and  with 
the  advice  of  his  council,  may  appoint  from  the  army  a  suitable  per- 
son as  judge  advocate  of  the  army,  who  shall  have  the  brevet  rank, 
pay  and  emoluments  of  a  major  of  cavalry." 


No.  30. — An  ORDINANCE  to  authorize  the  Governor  to  exempt  certain 
persons  from  Military  Duty. 

Passed  April  24,  1861. 

Beit  ordained,  that  the  governor  be  and  is  hereby  authorized  to  Ran  road  em- 
excuse  from  military  service  such  number  of  the  employees  of  each 
rail  road  company  as  may  be  necessary  to  operate  the  road,  and  to 
organize  and  arm  them  for  the  defence  of  the  line  of  such  road  and 
of  its  termini. 


ployees  exempt 


No.  31 . — An  ORDDJANCE  concerning  persons  exempt  from  Military  Duty. 
Passed  May  1,  18C1. 

Be  it  ordained,  that  all  persons  necessarily  and  personally  employed  Employees  in 
in  any  factory  for  the  manufacture  of  arms,  munitions  of  war.  sinus. 
leather,  cotton  or  woolen  goods,  or  any  other  thing  deemed  necessary 
for  the  defence  of  the  state,  shall  be  exempt  from  the  performance  of 
military  duty,  unless  drafted  and  detailed  for  actual  service  by  order 
of  the  governor,  until  otherwise  provided  by  law. 


No.  32. — An  ORDINANCE  concerning  the  Distribution  of  Anns. 
Passed  April  30,  1861. 

Be  it  ordained,  that  Major  General  Lee  be  and  he  is  hereby  em-  To  whom  issued 
powered  to  issue  arms  to  such  parties  as  in  his  discretion  the  public 
defence  requires,  and  as  the  condition  of  the  state  will  in  his  judg- 
ment allow,  under  such  terms  and  restrictions  as  he  may  deem  proper 

for  tin-  preservation  and  retain  of  the  arms  when  required. 


L— An  ORDINANCE  toettabliili  i  Flag  for  this  Commonwealth. 

Passed  April  30, 

Be  it  ordaimd  by  the  convention  of  the  commonwealth  of  Virginia!  How  mad© 
that  the  fhiir  of  tin-  <  nnmmm\< ■alth  shall  In t<  alt.T  be  mad.'  «\  hunting. 


28 


ORDINANCES   OF    THE    VIRGINIA    CONVENTION. 


Device* 


Flags  for  forts, 
arsenals,  &c 


which  shall  be  a  deep  blue  field  with  a  circle  of  white  in  the  centre, 
upon  which  shall  be  painted  or  embroidered,  to  show  on  both  sides 
alike,  the  coat  of  arras  of  the  state,  as  described  by  the  convention 
of  seventeen  hundred  and  seventy-six,  for  one  side  of  the  seal  of 
state,  to  wit : 

"Virtus,  the  genius  of  the  commonwealth,  dressed  like  an  Amazon, 
resting  on  a  spear  with  one  hand,  and  holding  a  sword  in  the  other, 
and  treading  on  tyranny,  represented  by  a  man  prostrate,  a  crown 
fallen  from  his  head,  a  broken  chain  in  his  left  hand  and  a  scourge  in 
his  right.  In  the  exergon  the  word  Virginia  over  the  head  of  Virtus, 
and  underneath  the  words  "  Sic  Semper  Tyrannis." 

This  flag  shall  be  known  and  respected  as  the  flag  of  Virginia. 

The  governor  shall  regulate  the  size  and  dimensions  of  the  flag 
proper  for  forts,  arsenals  and  public  buildings,  for  ships  of  war  and 
merchant  marine,  for  troops  in  the  field,  respectively,  and  for  any 
other  purpose,  according  to  his  discretion ;  which  regulations  shall 
be  published  and  proclaimed  by  him  as  occasion  may  require. 

This  ordinance  shall  take  effect  from  its  passage. 


No.  34. — An  ORDINANCE   providing  for   Deficiencies  in  the  Civil  aud 
Military  Contingent  Funds. 

Passed  April  27,  1861. 

How  supplied  Be  it  ordained,  that  the  auditor  of  public  accounts  place  to  the 
credit  of  the  civil  and  military  contingent  funds,  on  the  order  of  the 
governor  of  the  commonwealth,  out  of  any  money  in  the  treasury 
not  otherwise  appropriated,  such  sum  or  sums  of  money  as  will  pro- 
vide for  deficiencies  now  existing  or  hereafter  to  arise  in  said  funds, 
or  either  of  them. 

This  ordinance  shall  be  in  force  until  ten  days  after  the  commence- 
ment of  the  next  session  of  the  general  assembly. 


Of  what  denomi 
nation 


No.  35. — An  ORDINANCE  to  authorize  the  issue  of  Treasury  Notes.    ■ 
Passed  April  30,  1861. 

1.  Be  it  ordained,  that  the  governor,  for  the  purpose  of  raising 
money  for  the  defence  of  the  state,  is  hereby  authorized  to  direct  the 
auditor  of  public  accounts  to  borrow  for  the  commonwealth  of  Vir- 
ginia, from  time  to  time,  an  amount,  not  exceeding  in  the  aggregate 
two  millions  of  dollars ;  and  for  that  purpose  the  said  auditor,  on  the 


ORDINANCES    OF   THE   VIRGINIA    CONVENTION.  29 

order  of  the  governor,  shall  issue  treasury  notes  for  the  amount  so 
directed  to  be  borrowed,  in  sums  not  less  than  twenty  dollars. 

2.  The  said  treasury  notes  shall  be  prepared  under  the  direction  How  prepared 
of  the  governor,  and  shall  be  signed  by  the  treasurer,  and  counter- 
signed by  the  auditor  of  public  accounts,  but  shall  not  be  delivered  now  delivered 
by  the  said  auditor,  except  upon  the  receipt  of  the  treasurer  that  the 

par  value  thereof  has  been  paid  into  the  treasury.     The  said  notes  To  whom  pay- 
shall  be  made  payable  to  beaver,  and  be  made  payable  at  the  trea-  ab  °'  andhow 
eury  of  the  state  one  year  after  their  respective  dates.     They  shall  Rate  of  interest 
bear  interest  at  a  rate  not  exceeding  six  per  centum  per  annum  from 
the  date  of  their  issue  until  redeemable.     For  the  payment  of  the  Pledge  for  pay- 
interest  and  redemption  of  the  principal,  as  set  out  in  said  notes,  the  demptton  **" 
faith  of  the  commonwealth  of  Virginia  is  hereby  pledged. 

3.  The  auditor  of  public  accounts  is  hereby  directed  to  cause  to  How  redeemed 
be  redeemed  all  treasury  notes,  principal  and  interest,  at  the  time 

when  the  same  are  redeemable  and  presented  for  payment,  to  be 

paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

And  if  the  said  notes  be  not  presented  within  twelve  months  after  To  be  presented 

the  same  are  redeemable,  the  said  auditor,  if  there  be  funds  in  the  months'^*1™ 

treasury  sufficient  to  pay  the  said  notes,  shall  advertise  for  the  same  Interest  to  ceaso 

to  be  brought  in  on  a  given  day,  and  after  such  day  the  interest  *£"  a  certam 

thereon  shall  cease. 

4.  Whenever  any  of  said  notes  shall  be  redeemed  by  the  auditor,  To  be  canceled 
as  herein  provided,  the  same  shall  be  canceled  by  him  and  be  de-   J  au   ,or 
livered  to  the  treasurer,  to  be  preserved  in  his  office ;  and  from  time  Reissue 

to  time  an  amount  equal  to  the  sum  so  canceled  may,  by  order  of  the 
governor,  be  again  issued,  subject  to  all  the  provisions  herein  pre- 
scribed. 

5.  The  auditor  of  public  accounts  and  the  treasurer  shall  each 
keep  a  full  and  accurate  account  of  the  number,  date,  denomination 
and  amount  of  all  the  mites  signed  by  tliem  respectively,  and  in  like 
manner  of  all  the  said  notes  redeemed  and  canceled. 

6.  For  defraying  the  expenses  of  preparing,  engraving  and  print-  Appropriation 
ing  the  laid  treasury  notes,  a  sum  not  exceeding  two  thousand  dollars  printing?** 
is  hereby  appropriated,  to  be  paid  by  order  of  the  governor,  out  of 

any  money  in  the  treasury  not  otherwise  appropriated  i  and  the  plate  nowpiatesto 
or  plates  shall  lie  deposited  fur  safe  keeping  in  one  of  the  banks  of  ° 
this  city,  until  otherwise  provided  by  law. 

7.  All   the   prOTisioni  of   the   third,  fourth   and    sixth  sections  of 

chapter1  one  hundred  ami  ninety-three  of  the  Code,  applicable  to 

bank  notes,  shall  be  held  to  apply  and  relate,  in  their  effect,  i"  the 
treasurj  nofc  l  dun  ted  to  !..■  issued  by  this  ordinance. 


30 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 


Banks  may  pur- 
chase, discount, 
&c 


To  be  received 
in  payment  of 
taxei 


8.  It  ehall  be  lawful  for  the  banks  of  this  commonwealth  to  dis- 
count or  purchase  any  note  or  notes  issued  under  this  ordinance,  to 
receive  the  same  on  deposit,  and  pay  them  out  at  their  counters. 

9.  The  treasury,  notes  to  be  issued  under  the  provisions  of  this 
ordinance  shall  be  received  in  payment  of  all  taxes  or  other  dues  to 
the  commonwealth.  Authority  is  hereby  reserved  to  the  general 
assembly  to  arrest  and  suspend  the  issue  of  treasury  notes  herein 
provided  for. 


Officer  receiving 
for  taxes  to  en- 
dorse as  paid 


Interest  paid 
only  to  time  of 
redemption 


No.  36.— Au  ORDINANCE  respecting  Treasury  Notes. 

Adopted  May  1,  1861. 

Be  it  ordained,  that  any  officer  receiving  treasury  notes  in  pay- 
ment of  taxes  or  other  public  dues,  shall  endorse  thereon  that  the 
same  is  paid,  and  the  date  of  such  payment,  and  thereafter  the  inte- 
rest thereon  shall  cease;  and  that  the  ordinance  authorizing  the  issue 
of  treasury  notes,  passed  the  thirtieth  of  April  eighteen  hundred  and 
sixty-one,  shall  be  held  and  construed  to  authorize  interest  to  be  paid 
thereon  until  the  said  notes  are  actually  redeemed,  or  to  such  time 
after  the  same  be  redeemable  on  their  face,  as  may  be  fixed  by  the 
advertisement  authorized  by  said  ordinance. 


No.  37. — An  ORDINANCE  authorizing  the  Banks  of  the  Commonwealth 
to  issue  notes  of  the  denomination  of  one  and  two  dollars. 

Passed  April  26, 1861. 

Denomination  Be  it  ordained,  that  the  several  banks  of  this  commonwealth  be 
authorized  to  issue  notes  of  the  denomination  of  one  and  two  dollars, 
to  an  amount  not  exceeding  five  per  cent,  of  their  respective  capitals ; 
which  notes  may  be  signed  by  such  officer  or  officers  of  said  banks 
respectively,  as  may  be  designated  for  that  purpose  by  the  board  of 

Notes  heretofore  directors ;  and  any  of  said  banks  which  may  have  preserved  the 
notes  of  the  denomination  of  one  and  two  dollars,  heretofore  issued 
under  authority  of  law,  be  at  liberty  to  circulate  the  same,  so  that 
their  issue  shall  not  exceed  the  amount  authorized  by  this  ordinance. 


preserved 


How  issued  by 
state  stock 
banks 


2.  The  banks  whose  issues  are  based  upon  a  pledge  of  state  stock, 
may  dispense  with  the  signatures  of  the  treasurer,  and  issue  such 
small  notes  in  the  same  way  as  the  other  banks  ;  but  no  such  banks 
shall  be  hereby  authorized  to  issue  an  amount  of  circulation  larger 
than  is  now  allowed  by  law. 

Laws  prohibit-       3.   That  all  laws  now  in  force  prohibiting  the  receiving  or  passing 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION.  31 

of  bank  notes  under  the  denomination  of  five  dollars,  are  hereby  ing  small  noteg 
suspended  as  to  notes  issued  by  the  banks  of  Virginia  under  this  suspen 
ordinance,  during  the  time  this  ordinance  shall  remain  in  force. 

This  ordinance  shall  expire  at  the  end  of  thirty  days  from  the  next 
meeting  of  the  general  assembly. 


No.  38.— An  ORDINANCE  to  provide  for  paying  for  Machinery  contracted 
for  the  manufacturing  of  Anns  in  the  Public  Armory. 

Passed  April  27, 1861. 

Be  it  ordained,  that  the  commissioners  appointed  by  an  ordinance 
of  convention  adopted  on  this  day,  for  auditing  military  and  naval 
claims,  shall  he  authorized,  in  the  manner  prescribed  hy  said  ordi- 
nance, to  audit,  settle  and  certify  for  payment  any  claims  for  arms 
and  machinery  authorized  by  existing  contracts  lor  the  manufacture 
of  arms  in  the  public  armory. 


No.  39-^An  ORDINANCE  to  amend  the  Constitution  of  this  Common- 
wealth, so  M  to  strike  out  the  twenty-second  and  twenty-third  sections  of 
the  fourth  article  of  the  present  Constitution,  and  insert  the  following  in 
lieu  thereof. 

Taxation  shall  be  equal  and  uniform  throughout  the  common-  Taxation  to  be 
wealth ;  and  all  property  shall  be  taxed  in  proportion  to  its  value, 
which  shall  be  ascertained  in  such  manner  as  may  be  prescribed  by 
law;  hut  any  property  may  he  exempted  from  taxation  hy  the  vote  What  may  be 
of  a  majority  of' the  whole  number  of  members  elected  to  each  house  how 
of  the  general  assembly. 

This  ordinance  shall  take  effect  on  the  first  day  of  July  next,  when  wben  to  take 
ratified  by  a  majority  of  the  votes  of  the  people  of  this  common- 
wealth, cast  at  B  poll  to  be  taken  thereon,  on  the  fourth  Thursday  in 
May  next,  in  pursuance  of  a  schedule  hereafter  to  be  enacted. 

Done  in  convention,  in  the  city  of  Richmond,  on  the  twenty-sixth 
day  of  April  in  the  year  id'  our  Lord  one  thousand  eight  hundred  and 
sixty-one.  and  in  the  eighty-fifth  year  of  the  commonwealth  of  Vir- 
ginia. 

Schedule. 

1.    Tt   shall  he   the   dutv  of  the  officers  conducting  the  elections  Duty  of  office™ 

,.  111  iiii  ,  c  1        rr.1  1  •  i  r  lifting    elft- 

directed  by  law  to  be  held  on  the  fourth  1  hnrsday  in  May  next,  at 
the  places  appointed  for  holding  thi  to  open  a  poll  to  take  the 


32  ORDINANCES    OF   THE   VIRGINIA    CONVENTION. 

sense  of  the  qualified  voters  of  this  commonwealth  upon  the  ratifica- 
tion or  rejection  of  "An  ordinance  to  amend  the  constitution  of  this 
commonwealth,  so  as  to  strike  out  the  twenty-second  and  twenty- 
third  sections  of  the  fourth  article  of  the  present  constitution," 
adopted  in  convention,  at  the  city  of  Richmond,  on  the  twenty- 
sixth  day  of  April  one  thousand  eight  hundred  and  sixty-one. 

Poll  booka  2.  The  poll  book  shall  he  headed,  "  Amendment  to  the  Constitu- 

tion of  Virginia,"  and  shall  contain  two  columns,  one  headed,  "For 
the  Amendment,"  and  the  other,  "Against  the  Amendment ;"  and 
the  names  of  those  who  vote  for  the  amendment  shall  be  written  un- 
der the  former  heading,  and  the  names  of  those  who  vote  against  the 
amendment  shall  be  written  under  the  latter  heading. 

Officers  to  make  3.  The  said  officers  shall  make  return  of  the  number  of  persons 
young0  Peri  nS  voting  for  each  proposition,  at  the  time  and  in  the  manner  provided 
by  law,  as  in  the  case  of  other  elections ;  and  shall  forthwith  deliver 
the  returns,  together  with  the  poll  books,  to  the  clerks  of  their  re- 
spective counties  and  corporations ;  and  it  shall  be  the  duty  of  such 
clerks  respectively  to  transmit  immediately  to  the  governor  of  the 
commonwealth,  copies  of  the  said  returns  so  delivered  to  them. 

Proclamation  of  4.  The  governor  shall,  without  delay,  make  proclamation  of  the 
Termor '"  V  result,  stating  therein  the  aggregate  vote  for  and  against  the  amend- 
ment, to  be  published  in  such  newspapers  in  the  state  as  may  be 
deemed  requisite  for  general  information  ;  and  if  a  majority  of  said 
votes  be  cast  for  the  ratification  of  the  said  ordinance,  he  shall  annex 
to  his  proclamation  a  copy  thereof,  together  with  this  schedule. 

Secretary  of  5.  The  secretary  of  the  commonwealth  shall  cause  to  be  sent  to 

to  Bend  oral-  the  clerks  of  each  county  and  corporation  as  many  copies  of  this  sche- 
duieCtoacierksbe  ^u\e  an^  ordinance  aforesaid  as  there  are  places  of  voting  therein, 
and  three  copies  to  each  of  the  military  commanders  herein  after  re- 
ferred to,  using  special  messengers  for  that  purpose  when  necessary. 
And  it  shall  be  the  duty  of  the  said  clerks  to  deliver  the  same  to  the 
sheriffs  for  distribution,  whose  duty  it  shall  be  forthwith  to  post  the 
said  copies  at  some  public  place  in  each  election  district. 

How  expense  of      G.  The  expenses  incurred  in  providing  poll  books,  and  in  procur- 

poll  books  de-      .  .  '  ,  f  ,  ,.,,,,,., 

frayed  ing  writers  to  enter  the  names  of  the  voters  therein,  shall  be  defrayed 

as  in  the  case  of  the  election  of  members  to  the  general  assembly. 

Persons  in  miii-  7.  The  qualified  voters  of  the  commonwealth  who  may  be  absent 
the  state  allow-  from  the  counties  or  corporations  of  their  residence  on  the  day  of  elec- 
tion, in  the  military  service  of  the  state,  may  vote  for  the  ratification 
or  rejection  of  the  said  ordinance,  at  such  place  or  places  within  their 
encampment,  or,  as  the  commander  at  such  encampment  shall  desig- 
nate, whether  the  said  encampment  shall  be  within  the  limits  of  this 


ed  to  vote 


ORDINANCES    OP   THE    VIRGINIA    CONVENTION.  33 

state  or  not.     For  each  place  of  voting  he  shall  appoint  a  superinten-  How  election 

,  .        '  ,     ,,  .  conducted 

dent,  three  commissioners,  and  as  many  clerks  as  shall  be  necessary, 
who,  after  having  been  first  duly  sworn  by  him,  shall  perform  the  du- 
ties required  of,  and  be  liable  to  the  penalties  imposed  upon  such  offi- 
cers under  the  election  laws  of  this  state. 

8.   The  officers  conducting  the  said  election  shall,  on  the  day  after  To  whom  p<mi 
the  election,  or  as  soon  thereafter  as  may  be,  deliver  the  poll  books  livered 
to  their  said  commander,  who  shall  forthwith  forward  the  same  to  the 
governor  of  this  commonwealth,  who  shall  count  the  said  votes  in 
ascertainimr  the  result  of  the  said  election  in  the  state. 


No.  40. — An  ORDINANCE  concerning  Qualifications  for  Office. 

Passed  April  21),  1801. 

Be  it  ordained  by  the  people  of  Virginia,  in  convention  assembled, 
that  the  acceptance  of  any  appointment  or  public  trust  created  by 
this  convention,  shall  not  vacate  any  office  under  the  constitution  and 
laws  of  the  state  now  held  by  any  person  on  whom  such  appointment 
or  public  trust  may  be  conferred. 


No.  41—  An  ORDINANCE  to  release  the  Officers,  civil  and  military,  and 
the  Citizens  generally  of  the  .State  of  Virginia,  from  all  obligation  to 
support  t)ie  Constitution  of  the  late  Confederacy,  known  as  the  United 
States  ol  America. 

Passed  May  1,  1861. 

Be  it  ordained,  that  all  officers,  civil  and  military,  and  the  people  Oath  to  support 

,  ,  ,         ,  ,  ,    r  the  constitution 

generally  oi  this  state,  be  and  they  are  hereby  released  from  any  ol 

and  all  oaths  which  they  may  have  taken  to  support  the  constitution  f^8  mopera" 

of  the  late  confederacy,  known  as  the  United  States  of  America; 

and  that  the  said  oaths  and  the  said  constitution  are  inoperative  and 

void,  and   of  no  effect,    and   that  the   eleventh  section   of   chapter 

thirteen  of  the  Code  of  Virginia  of  eighteen  hundred' and  sixty,  be 

and  is  hereby  repealed. 


\,,    i  j  -  .\     ORDINANCE  t«.  provide  against  the  sacrifice  of  Property  and 
to  suspend  proa  i  dings  in  certain  cases. 

■  I  April  30,  1861. 

1.    Be  it  ordained,  that  no  execution  of  fieri  Gm£m  or  venditioni  No  fieri  i 

.  venditioni  f-xpo- 

exponas,  other  than  in  favoi  of  the  commonwealth  and  against  non-  nautobeUiued 


34 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 


£>;i1pk  under 
deeds  of  trust 
prohibited 


Of  executions 
now  issued 


residents,  shall  be  issued  from  the  date  hereof  by  any  court  of  record 
or  magistrate  for  the  sale  of  property,  until  otherwise  provided  by 
law :  nor  shall  there  be  any  sales  under  deeds  of  trust  or  decrees, 
unless  by  the  consent  of  parties  interested,  until  otherwise  provided 
by  law. 

2.  Where  such  executions  have  issued  and  are  now  in  the  hands 
of  officers,  whether  levied  or  not,  if  the  debtor  offer  bond  and  security 
for  the  payment  of  the  debt,  interest  and  costs  when  the  operation  of 
this  ordinance  ceases,  the  property  shall  be  restored,  and  the  bond 
so  taken  shall  be  returned  as  in  case  of  a  forthcoming  bond,  and 
shall  constitute  a  lien  on  the  realty  of  the  obligors,  to  the  same  extent 
and  in  the  same  manner  as  forfeited  forthcoming  bonds  returned  to 
the  clerk's  office  now  do ;  and  judgment  may  be  had  on  said  bond  in 
the  same  manner  and  by  the  same  proceedings  as  judgments  may  be 
obtained  on  forthcoming  bonds  under  existing  laws. 


How  property 
to  be  valued 


3.  If  the  debtor  offers  no  such  bond,  it  shall  be  the  duty  of  the 
officer  to  convene  three  freeholders  from  the  vicinage,  who,  after 
being  sworn,  shall  proceed  to  value  the  property  according  to  what 
would  have  been  its  value  on  the  sixth  day  of  November  eighteen 
hundred  and  sixty ;  and  unless  the  said  property  shall  sell  for  the 
full  amount  of  such  valuation,  it  shall  be  restored  to  the  debtor  with- 
out lien. 


jury  trials,  &c  4.  Except  in  criminal  cases  or  commonwealth's  prosecutions,  there 
shall  be  no  trial  of  any  cause  requiring  the  intervention  of  a  jury, 
nor  upon  warrants  for  small  claims  before  a  justice. 


How  trials  for 
misdemeanor  to 
be  had 


5.  In  cases  of  misdemeanor,  juries  shall  be  summoned  from  the 
bystanders  or  vicinage,  and  not- under  the  law  as  it  now  stands  ;  and 
with  the  consent  of  the  party  prosecuted,  the  cause  may  be  tried  by 
the  court. 


Liabilities  of 
public  officers 


Proviso 


6.  This  ordinance  shall  not  apply  to  liabilities  upon  the  part  of 
public  officers,  either  to  the  state,  counties,  corporations,  or  indi- 
viduals, nor  to  debts  hereafter  contracted,  nor  to  debts  due  the  com- 
monwealth :  provided,  that  no  note,  bill,  acceptance  or  other  obliga- 
tion, the  consideration  of  which  is  any  debt  or  obligation  at  present 
existing,  shall  be  held  or  considered  as  a  debt  hereafter  contracted. 


Statutes  of  limi- 
tations 


When  ordinance 
may  expire 


7.  The  time  during  which  this  ordinance  is  in  force  shall  not  be 
computed  in  any  case  where  the  statute  of  limitation  comes  in 
question. 

8.  This  ordinance  shall  remain  in  force  until  repealed  or  changed 
by  this  convention,  or  the  general  assembly  of  the  state ;  and  if  not 
so  repealed  or  changed,  shall  expire  at  the  end  of  thirty  days  after 
the  first  day  of  the  next  general  assembly. 


m 


ORDINANCES   OF   THE   VIRGINIA    CONVENTION.  35 


No.  43. — An  ORDINANCE  for  the  prevention  and  punishment  of  Offences 
against  the  Commonwealth. 

Passed  May  1,  1861. 

1.  Be  it  ordaincd^by  the  convention  of  Virginia,  that  in  addition  Additional  pow- 
to  the  powers  now  vested  in  the  county  courts,  they  shall  have  power  the  county 

to  establish  a  regular  police  force,  who,  being  first  qualified  by  taking  cour  '' 
the  oaths  of  fidelity  to  this  commonwealth,  and  to  discharge  the  du- 
ties devolved  upon  them  under  this  ordinance,  shall  be  authorized  to 
apprehend,  and  carry  forthwith  before  a  justice  of  the  peace  for  the 
county,  any  person  whom  they  shall  have  just  cause  to  suspect  has  Tampering  with 
violated  any  law  of  the  state  in  regard  to  tampering  with  slaves,  in-  8 
citing  them  to  rebel  or  make  insurrection,  or  to  escape  from  their 
owners,  or  has  attempted  to  commit  any  such  offence,  or  any  person  Aiding  invasion 
whom  they  shall  have  just  to  suspect  is  concerned  in  any  manner  in  ° 
counseling,  aiding  or  abetting  the  government  of  the  United  States, 
or  any  officer  or  agent  thereof,  in   any  invasion  or  hostile  action 
against  this  commonwealth,  or  any  of  its  citizens,  acting  under  the 
proper  authorities  thereof,  or  against  the  Confederate  States  of  Ame- 
rica, or  any  of  them,  or  of  any  slaveholding   state  in  amity  with 
them;  or  any  person  who  shall,,  by  letter  or  otherwise,  commnni-  Conveying  in- 
catc  to  the  said  government  of  the  United  States,  or  any  officer  or  United  States 
agent  thereof,  directly  or  indirectly,  any  information  touching  the &overnment 
action  of  this  commonwealth  or  its  authorities,  other  than  as  the 
same  may  be  authorized  by  them,  or  any  of  them;  and  to  bring  all 
such  persons  before  a  justice  of  the  peace  of  the  county,  to  be  dealt 
with  according  to  law,  and  the  provisions  of  this  ordinance. 

2.  Any  person  who  shall  commit  any  offence  for  which  a  person  Any  offence  un- 
may  be  apprehended  under  the  first  section  of  this  ordinance,  shall  felony 

be  deemed  guilty  of  felony,  and  shall  be  punished  in  such  manner  as 
the  laws  now  in  force  prescribe :  provided,  that  any  imprisonment 
prescribed  by  existing  laws  in  such  cases  shall  be  in  the  penitentiary 
house. 

In  those  cases  mentioned  in  the  first  section,  for  which  no  punish-  Fine  and  tmprf- 
menl  is  fixed  by  existing  laws,  the  person  convicted  thereof  shall  be  tainTa"^  Cer 
punished  by  fine  nol  less  than  one  hundred,  nor  more  than  ten  thou- 
sand dollars,  and  by  imprisonment  in  the  penitentiary  house  for  not 
less  than  five  nor  more  than  twenty  years. 

3.  .The  powers  vested  by  this  ordinance  in  the  county  courts,  and  Bawan  herein 
all   the    provisions  Of  th<'   first    and   second   sections   thereof,  shall   be  tend tocorpora- 

rested  in  like  manner,  and  be  applicable  to  the  corporation  courts, Uon  °0' 
and  to  the  police  force  legally  appointed  by  such  corporations,  under 
their  respective  chai ■; 

I.   No  ]„  rson  so  apprehended  shall  be  admitted  to  bail,  except  by  who  can  grant 
a  judge  of  a  circuit  court  in  this  commonwealth,  or  of  the  supreme 


36  ORDINANCES    OF   THE   VIRGINIA    CONVENTION. 

court  of  appeals ;  but  the  party,  if  BO  released  on  bail,  shall  not  be 
permitted  to  leave  the  commonwealth  before  trial:  and  the  order  of 
release  shall  require  the  officer  to  take  care  that  the  party  does  not 
leave  the  commonwealth. 

5.    This  ordinance  shall  be  in  force  from  its  passage,  and  be  sub- 
ject to  amendment  ami  repeal  by  the  general  assembly  of  Virginia. 


No.  44. — An  ORDINANCE  concerning  the  Arming  of  the  Militia. 
Passed  May  1,  1861. 

All  the  acting  Be  it  ordained,  That  the  presiding  justice  of  any  county  in  this 
iummone0db0  state  be  and  he  is  hereby  authorized  and  required,  on  the  application 
of  three  or  more  justices  of  such  county,  to  cause  all  the  acting 
justices  thereof  to  be  summoned  to  meet  at  the  courthouse  of  such 
county  on  the  next  succeeding  court  day,  or  on  some  intermediate 
day,  not  less  than  five  days  from  the  date  of  the  summons,  to  take 
into  consideration  and  carry  into  effect  the  provisions  of  the  act  of 
the  general  assembly,  entitled  "  an  act  to  authorize  the  county  courts 
and  any  incorporated  city  or  town  to  arm  the  militia  of  their  respec- 
tive counties,  cities  and  towns,  and  to  provide  means  therefor,"  passed 
January  nineteenth,  eighteen  hundred  and  sixty-one. 

Definition  of  the      And  whereas  there  may  be  a  doubt  whether  the  term  "militia," 
term    mflltia'    ^  gaj^  acfc  ^  assembly,  includes  the  volunteer  force  as  a  part  of  the 
militia : 

Be  it  further  ordained,  That  the  said  statute  be  so  construed  as  to 
embrace  the  volunteer  force  as  a  part  of  the  militia  of  the  several 
counties,  cities  and  towns  of  the  commonwealth. 


No.  45.— An  ORDINANCE  to  authorize  a  Line  of  Telegraph  from  Alexan- 
dria to  Winchester,  and  an  Express  Line  from  Richmond  to  Baltimore. 

Passed  April  20, 1861. 

Telegraph  and  Be  it  ordained,  That  the  governor  is  hereby  authorized  to  contract 
for  a  line  of  telegraph  from  the  city  of  Alexandria,  by  way  of  Stras- 
burg,  to  the  town  of  Winchester,  and  for  an  express  line  from  the 
city  of  Richmond  to  Baltimore,  and  to  defray  the  expense  thereof 
from  the  appropriation  heretofore  made,  or  from  such  loan  as  may 
be  authorized  by  this  convention. 

/ 


ORDINANCES   OF   THE   VIRGINIA   CONVENTION.  37 


No.  46.— An  ORDINANCE  to  authorize  the  construction  of  a  Line  of 
Telegraph. 

Passed  April  24,  1861. 

Be  it  ordained,  that  the  governor  be  authorized  to  have  constructed  Telegraph  lino 
a  line  of  telegraph  from  the  city  of  Richmond  to  such  point  on  York 
river  as  he  may  select,  and  to  defray  the  cost  of  the  same  from  such 
moneys  as  may  be  raised  for  military  purposes. 


No.  47.— An  ORDINANCE  concerning  Telegraphic  Lines. 
Passed  May  1,  1861. 

Be  it  ordained,  that  the  governor  be  and  he  is  hereby  authorized  Telegraph  lines 
and  empowered  to  take  possession  and  control  of  all  or  any  tele- 
graphic lines  operating  in  this  commonwealth,  whenever  in  his  opi- 
nion the  public  interest  may  require  it. 


No.  48.— An  ORDINANCE  in  regard  to  the  Exportation  of  Breajlstufls,  &c. 
Passed  May  1,  1861. 

Be  it  ordained  by  the  convention,  that  the  governor,  by  and  with  Exportation  of 
the  advice  of  the  council,  may,  whenever  in  his  opinion  the  exigen-  hlbiud  "'^  '"' 
cies  of  the  public  service  may  require,  prohibit  the  exportation  of 
breadstuffs  and  provisions  of  every  character  from  all  or  any  of  the 
ports  and  places  in  this  state. 


27 


INDEX. 


ADJUTANT  GENERAL'S  DEPART- 
MENT. 
How  composed,  13 

Duties  denned,  13 

Orders  for  calling  out  volunteers,  to  be 

issued  through, 


ADVISORY  COUNCIL. 

Ordinance  authorizing  its  appointment 
by  the  governor,  with  proviso, 

Ordinance  defining  its  duties, 

Ordinance  increasing  the  number  of 
members, 

No  power  to  control  the  governor  in  the 
exercise  of  his  executive,  functions, 

Compensation  of  its  members. 

AIDS. 
Ordinance  to  authorize  the  appointment 

of,  by  governor, 
To  major  general, 


26 


ARMORY. 
Machinery  in,  how  paid  for, 


20,24 


ARMS. 
Major  general  may  issue,  27 

Machinery  for  manufacture  of,  how  paid 
for,  31 

ARMY. 
Rul«s  and  articles  for  government  of,  in 
Virginia,  26 

ARTILLERY. 
■What  a  regiment  to  consist  of,  9 


AUDITOR  OF  PUBLIC  ACCOUNTS. 

Tn  receive  and  tile  bonds  of  quartermas- 
ter and  assistants, 

To  approve  bonds  of  navy  officers,  com- 
missaries, &c. 

'I  "  i  namine  reports  of  paymaster  general, 

To  place  certain  sums  in  the  credit  of  the 
Civil  and  military  contingent  funds, 

'I'h  issue  treasury  not*  -. 

To  cause  the  same  to  be  redeemed  and 
canceled, 

T<>  keep  an  account  <if  tin'  number  of 
notes  signed  by  liim.  A 


P>y  whom  gl 


BAIL. 


BOARD  "1    (  OMMI88IONER8 
To  audit  and  settle  accounts  for  the 
Miming,  equip]         d       :  troops,    18, 20 


Of  whom  composed,  18,20 

Authorized  to  administer  oaths,  18,  21 

Compensation  of  members,  19,  22 

Appointment  of  clerk  ;  his  compensa- 
tion, 19,  22 
Vacancy  in  board,  how  filled,  21 
Appeal  from,  to  governor,                             21 
To  certify  accounts  quarterly  to  go- 
vernment of  Confederate  States,  21 
To   report  delinquent   disbursing  of- 
ficer to  governor,  24 

BONDS. 
To  be  given  by  quartermaster  general,        14 
By  commissary  general,  17 

Of  officers  of  commissary's  and  quar- 
termaster's departments,  14,  17 
Where  filed,                                      14,  15,  17 
Of  storekeeper,  paymaster  and  purser,        24 

BRIGADIER  GENERALS. 

Of  provisional  army,  how  appointed,  10 

CAVALRY. 

What  a  regiment  to  consist  of,  10 

CHAPLAINS. 

For  provisional  army  and  volunteers,  2r> 


CIVIL  CONTINGENT  FIND. 
Ordinance  providing  for  deficiencies  in, 


28 


CLAIMS. 
For  the  arming,  equipping,  maintain- 
ing, &c.  of  troops,  bow  paid,  20,  21 

For  arms,  and  machine)  y  fur  their  ma- 
nufacture, 20,  21 

For  munitions,  provisions,  supplies, 
&c.  20, 21 

CLERKS. 

Of  courts    to    deliver   ordinance   and  • 
schedule   to   sheriffs,  4,  32 

To  transmit  election  returns  to  go- 
vernor, 4,  32 

Of  elections  at  military  encampments, 

of  board  of  claims,  bow  appointed, 

and  their  com]),  lisatimi,  18,  20 

COMMANDER  OF  Tin:  MILITARY 

Wh  \  W  \l.  FORCE& 

(  mYh  e  .-ii  ated  ;  rank,  dntii  s,  A  >•■  9 

Compensation,  20 

KMISSARY  DEPARTMENT 

Ordinal  17 


40 


INDEX. 


Duties  of  commissary  general  and  as- 
sistants, 17 
Bonds  of  commissaries,  where  filed,  17 
Special  commissaries,  how  appointed,  23 
When  commissar;  general  not  respon- 
sible for  loss,  24 

COMMISSIONERS. 

Of  elections  ;it  military  encampments, 
by  whom  appointed,  5,  32 

Of  the  Btate  of  Virginia  in  the  conven- 
tion with  the  Confederate  States,  5 

Of  the  Confederate  States,  5 

Board  of,  to  audit  accounts  for  the 

arming,  equipping,  *fcc  of  troops,      18,  20 

CONSTITUTION   OF  THE   PRO  VI- 
SIONAL GOVERNMENT. 

Adopted  and  ratified  by  Virginia,  with 
proviso,  6 

CONSTITUTION  OF  UNITED  STATES. 

Ordinance  ratifying  the  same  repealed,  3 

Oath  taken  by  citizens  of  Virginia  to 

support  it,  null  and  void,  33 

Union  between    Virginia   and   other 

states  under  it  dissolved,  3 

Not  binding  on  any  citizen  of  this  state,  3 

CONVENTION. 
Between  Confederate  States  and  Vir- 
ginia^— ordinance  in  relation  thereto,  5 
Of  this  state,  to  confirm  appointments 

of  officers  of  volunteers  before  they 

can  be  valid,  14 


COUNTY  COURTS. 
Have  power  to  establish  police  force, 
To  arm  militia, 


DEEDS  OF  TRUST. 
Sales  under,  prohibited  ;   proviso, 

DUTIES  OF  OFFICERS. 
In  departments    of  army    and   navy, 
how  determined, 


33,34 


24 


ELECTIONS. 
Of  members  of  congress  prohibited,  5 

At  military  encampments,  5,  32 


ENGINEER  CORPS. 
Ordinance  creating, 


13 


ENLISTMENT. 

Term  of,  in  army,  10 

Term  of,  in  in  vv,  12 

Ordinance  regulating,  in  army,  19 

Of  minors,  19 
Of  persons  convicted  of  infamous  offences,  19 

Of  volunteers,  19 

EXECUTIONS. 

What  not  to  be  issue,],  33,  34 

Of  those  now  issued,  33,  34 

EXEMPTION. 
Of  rail  road  employees  from  military  duty,  27 


Of  persons  employed  in  factories,  &c.  27 

Of  property  from  taxation,  31 

EXPORTATION. 

Of  breadstuffs,  &c.  prohibited,  37 

EXPRESS. 

From  Richmond  to  Baltimore,  36 


FELONY. 

Who  deemed  guilty  of,  3."> 

Punishment  for,  35 

Provision  as  to  imprisonment,  35 

FIELD  OFFICERS. 

Provisional  army,  how  apppointed,  10 

FINES. 

On  persons  for  offences  against  the 

commonwealth,  35 

FLAG. 

Of  the  commonwealth,  how  made,        27,  23 
Of  flags  for  forts,  arsenals,  ships, 
troops,  «fec.  28 


GENERAL  ASSEMBLY. 
All  acts  of,  ratifying  amendments  to 

United  States  constitution,  repealed,  3 

GOVERNOR. 

To  appoint  officers  of  staff  departments,     13 
To  count  and  make  proclamation  of 

vote  on  ordinance  of  secession,  4 

To  nominate  members  of  the  council,  6 

To  call  volunteers  into  the  service  of 

the  state,  8 

To  appoint  and  commission  general, 

field  and  staff  officers  of  volunteers,  8 

To  repel  invasion,  8 

Authorized  to  invite  certain  persons  to 

enter  the  service  of  Virginia,  8,  11 

To  appoint  commander  of  the  military 

and  naval  forces  of  the  state,  9 

To  appoint  aids,  9 

To  ratify  regulations  for  the  provisional 

army,  11 

To  prescribe  organization  of  navy,  11 

To  prescribe  regulations  for  enlistment,      12 
To  organize  medical  department,  12 

To  organize  subsistence  department,  13 

To  organize  quartermaster's  department,     13 
To  organize  pay  department,  •      13 

To  organize  medical  department  of  the 

staff,  13 

To  organize  adjutant  general's  depart- 
ment, 1 3 
To  organize  an  engineer  corps,  with 

sappers  and  miners,  13 

To   appoint   officers  of  staff   depart- 
ments and  engineer  corps,  13 
To  direct  the  purchase  of  military 

stores,  &c.  14 

To  prescribe  bonds  of  quartermaster 

general  and  assistants,  14 

Empowered  to  appoint  special  commis- 
saries, 15,  23 
Their  compensation,                               11,  16 


INDEX. 


41 


To  authorize  quartermaster  general  to 

appoint  forage  masters,  &c.  15 

To  appoint  temporary  officer  in  any 

bureau  or  department,  15,  23 

To  prescribe  penalty  of  commissary 
general's  bond,  and  bonds  of  bis 
assistants,  17 

To  regulate  contracts  for  supplies,  17 

To  prescribe  pay  for  certain  grades,  21 

To  decide  appeals  from  board  of  com- 
missioners, 21 
To  supply  vacancy  in  board  of  com- 
missioners, 21 
To  appoint  additional  officers  in  any 

department  of  army  or  navy,  24 

To  strike  the  names  of  delinquents 

from  roll  of  army  or  navy,  24 

To  appoint  chaplains  in  provisional  army,  25 
To  appoint  chaplains  for  the  volunteers,  25 
To  exempt  employees  of  rail  road  com- 
panies from  military  duty,  27 
To  regulate  flags  for  forts,  &c.  28 
To  provide  for  deficiencies  in  civil  and 

military  contingent  funds,  28 

To  direct  issue  of  treasury  notes,  28 

To  make  proclamation  of  vole  on  ordi- 
nance to  amend  constitution,  32 
To  contract  for  and  control  lines  of 

telegraph,  37 

To  prohibit  exportation  of  breadstuff's,        37 
To  take  possession  of  telegraph  lines 

in  this  state,  37 


INFANTRY. 
What  a  regiment  to  consist  of, 


INVASION. 

Governor  to  repel. 
Appropriation  therefor, 


JURIES. 

In  wli.it  rases  to  lie  impanneleil,  H4 

How  summoned  in  cases  of  misdemeanors,  34 


LIEUTENANT  GOVERNOR. 

To  be  cx-officio  a  member  of  the  advisory 
council,  7 

His  compensation,  7 


MAJOR  GENERAL. 
Office  created.  9 

Compensation  of,  20 

1  llllic-    Of,  '.I 

Number  aids  entitled  to,  L0 

ttion,  m 

U  \MT\(    I  ORE  OF  ALMS 
Machinery  for,  how  paid  for,  20,  31 

KEDICAL  l'l  PARTM1 

Of  naw.  IS 

Who  shall  be  appointed  then  to,  IS 

Of  military  I  -' 
B                                 md  etnploj  i 

Assistant  but] 


MEMBERS  OF  CONGRESS. 
Election  of,  for  United  States,  prohibited,     5 

MILITARY  CONTINGENT  FUND. 
Ordinance  providing  for  deficiency  in,         28 


MILITIA. 

County  courts  to  arm, 
Definition  of  term, 

MISDEMEANOR. 

How  trials  for,  to  be  had, 


36 
36 


34 


NAVY  OF  VIRGINIA. 

Ordinance  establishing,  11 

( >!'  w  li.it  to  consist,  11 
Virginians  in  United  States  navy  to 

be  invited  to  enter,  11 

Organization  of,  how  prescribed,  11 

Term  of  enlistment  in,  12 

Medical  department  of,  12 


OATH. 
To  be  taken  by  officers  in  army  and 

navy  departments,  24 

To  be  taken  by  quartermaster  and  his 

assistants,  14 

To   support    constitution   of    United 

States,  null  and  void,  33 

OFFENCES  AGAINST  THE  COMMON- 
WEALTH. 
How  prevented  and  punished,  35 

ORDINANCES. 
Ordinance  to  repeal  the  ratification  of 

the  constitution  of  the  United  States 
of  America  liy  the  state  of  Virginia, 
and  to  resume  all  the  rights  and 
powers  granted  under  said  constitu- 
tion, 3 
Ratifying  and  confirming  the  conven- 
tion entered  into  between  the  com- 
missioner of  the  Confederate  States 

and   the  commissioners  of  the  Btate 

of  Virginia,  5 

For  the  adoption  of  the  constitution  of 
the  provisional  government  of  the 
Confederate  States  of  America,  6 

To  authorise  the  appointment  of  an 
advisory  council,  6 

Defining  the' duties  of  the  advisory 

council.  6 

To  increase  the  advisory  council,  7 

Amending  and  re-enacting  the  ordi- 
nance prescribing  the  duties  of  the 
advisory  council,  7 

bins  the  compensation  of  mem- 
bers of  the  executive  council,  7 
I          I  the  volunti  ei>  into  the  si 

of  the  state,  and  fog  othi  r  purp  8 

1  ruing  officers  in  the  rev»  nue  and 

tiled 

8 
To  provide  for  the  appointment  i 

manderof  the  military  and  naval 
-  ot  tin'  state,  in  subordination 
to  tin  9 


42 


INDEX. 


To  authorize  the  appointment  of  aids 
by  the  governor,  9 

To  provide  for  the  organization  of  a 
provisional  army  for  the  state  of 
Virginia,  9 

Establishing  the  navy  of  Virginia,  ]1 

To  provide  tor  the  organization  of  staff 
departments  for  the  military  forces  of 
the  state  (but  subsequently  annn.iicl 
and  re-enacted),  12 

Amending  and  re-enacting  the  ordi- 
nance adopted  mi  the  twenty-first 
instant,  for  the  organisation  of  staff 
departments  for  the  military  forces 
of  the  state,  13 

In  respect  to  confirmations  by  the  con- 
vention, 14 

( .'oncoming  the  quartermaster's  depart- 
ment, 14 

Concerning  the  commissary  depart- 
ment, 17 

Prescribing  the  duties  of  the  paymaster 

general,  17 

To  provide  a  board,  to  whom  shall  be 
referred  all  claims  for  expenditures 
arising  from  the  organization,  equip- 
ment and  support  of  the  land  and 
naval  forces  called  or  to  be  called 
out  for  the  defence  of  the  common- 
wealth under  the  present  emergency,        18 

Providing  for  enlistment  in  the  pro- 
visional army,  19 

Regulating  the  term  of  service,  pay 
and  manner  of  enlistment  of  volun- 
teers,  19 

Prescribing  the  pay  of  the  provisional 
army  and  of  the  volunteer  forces  of 
the  state  of  Virginia,  20 

For  the  better  regulation  of  the  depart- 
ments of  the  arm}-  and  navy  of  Vir- 
ginia, and  for  the  audit  and  settle- 
ment of  accounts  and  claims  arising 
in  the  present  emergency  for  the  de- 
fence of  the  commonwealth,  20 

Relating  to  the  medical  department, 
the  adjutant  general's  department 
and  the  ordnance  department,  25 

Providing  chaplains  for  the  provisional 

army,  25 

I ' i  ■  < .  iding  chaplains  for  the  volunteers,         25 

Establishing  rules  and  articles  for  the 
government  of  the  armies  of  the  statu 
of  Virginia,  26 

To  authorize  the  governor  to  exempt 

certain  persons  from  military  duty,  27 

Concerning  persons  exempt  from  mili- 
tary duty,  27 

Concerning  the  distribution  of  arms,  27 

To  establish  a  Hag  for  this  common- 
wealth, 27 

Providing  for  deficiencies  in  the  civil 
and  military  contingent  funds,  28 

To  authorize  the  issue  of  treasury  notes,       28 
Respecting  treasury  Holes,  30 

Authorizing  the  hanks  of  the  common- 
wealth to  issue  notes  of  the  denomi- 
nation of  one  and  two  dollars,  30 
To  provide  for  paying  for  machinery 
contracted  for  the  manufacturing  of 
arms  in  the  public  armory,  31 


To  amend  the  constitution  of  this  com- 
monwealth, so  as  to  strike  out  the 
twenty-second  and  twenty-third  sec- 
tions of  the  fourth  article  of  the 
present  constitution,  and  insert  the 
following  in  lieu  thereof. 
Concerning  qualifications  for  office, 
To  release  the  officers,  civil  and  mili- 
tary, and  the  citizens  generally  of 
the  state  of  Virginia,  from  all  obli- 
gation to  support  the  constitution  of 
the   late   confederacy,  known  as  the 

United  States  of  America, 

To  provide  against  the  sacrifice  of  pro- 
perty and  to  suspend  proceedings  in 
certain  cases. 

For  the  prevention  and  punishment  of 
offences  against  the  commonwealth, 

Concerning  the  arming  of  the  militia, 

To  authorize  a  line  of  telegraph  from 
Alexandria  to  Winchester,  and  an 
express  line  from  Richmond  to  Bal- 
timore, 

To  authorize  the  construction  of  a  line 
of  telegraph, 

Concerning  telegraphic  lines, 

In  regard  to  the  exportation  of  bread- 
stuffs,  &C 


31 
33 


33 


33 

35 

3G 


36 

37 
37 

37 


ORDNANCE   DEPARTMENT. 

Placed  under  control  of  major  general,  25 

ORGANIZATION. 

Of  provisional  army,  9 

Of  navy,                        .  11 
of  medical  departments,                      12,  13 

Of  subsistence  departments,  13 

Of  quartermaster's  department,  13 

Of  pay  department,  13 

<  >f  adjutant  general's  department,  13 

Of  engineer  corps,  13 


PAY. 

Of  major  general,  20 

Of  tin-  provisional  army,  volunteers  and 

militia,  20 

Of  grades  in  certain  cases,  20 

Of  board  of  commissioners  and  their 

clerks,  19,22 

Of  members  of  the  council,  7 

Of  chaplains,  25 

For  machinery  for  the  manufacture  of 

arms  in  the  public  armory,  31 

PAY  DEPARTMENT. 
How  composed,  12 

PAYMASTER  GENERAL. 

1  hlties  of,  17 

Rank  of,  13 

PENALTY. 

Of  quartermaster's  bonds   to  be  pre- 
scribed by  governor,  14 

Of  military  storekeepers' bonds,  16 

Of  bonds  of  commissary  general,  com- 
missary, and  assistants,  17 
Of  bonds  of  storekeeper,  paymaster 

and  purser,  24 


INDEX. 


43 


POLL  BOOKS. 

For  ordinance  of  secession,  how  headed, 

To  whom  to  be  delivered  by  officers 
conducting  elections, 

Expense  of  providing  the  same,  how 
defrayed, 

Poll  books  for  voters  at  military  en- 
campments— to  whom  delivered  and 
by  whom  forwarded  to  governor, 


5 


PROCLAMATION. 
To  be  made  by  governor,  of  the  result 

of  election,  4,  3$ 

To  by  published  in  newspapers  in  the 

stat.-,  4,  21 

PROPERTY. 

To  be  taxed  in  proportion  to  value,  31 

What  may  be  exempt,  31 

PROVISIONAL   ARMY. 
Ordinance  providing  for  organization  of,      9 
Of  what  tii  consist,  9 

Officers  in,  to  take  rank  and  precedence 

over  others,  11 

General  regulations,  how  prescribed,  11 

Ordinance  establishing  rules  and  arti- 
cles for  government  of,  26 


QUALIFICATION  FOR  OFFICE. 
Acceptance  of  public  trust  under  ac- 
tios of  convention  not  to  vacate  any 
office  now  held,  33 

QUARTERMASTER'S  DEPARTMENT. 
How  composed,  13 

Military  stores,  &c.  to  be  purchased 

by, 

To   provide  means  of  transportation 

for  the  same, 
Quartermaster    to   account   to    first 

auditor, 
To  take  oath. 
To   receive   and    distribute    clothing, 

a  16,  22 

Officers  of,  to  be  charged  with  waste, 

damage,  &c.  oj  supplies,  16,22 

Military  storekeepers  added  to:  how 

many,  how  appointed,  pay,  Ac.        16,  22 


<,'l    \I,'I  EI?  MA  STEW  (.KNERAL. 

To  appoint  barrack  mast*  r,  15 

To  appoint  forage  master,  dec.  22 

To  transmit  returns  t < ■  first  auditor,  16 
In  caw  ol  absence,  who  t..  a.  t.  16,  23 
To  purchase  military  stores,  provide 

transportation,  A  •  23 
To  report  to  board  of  comn 

iponsibk  in  cert  84 


BARK. 

Of  chaplains, 

of  United  States  officers,  entering  the 

service  of  Virginia, 

mmandrt   of   the   military   and 

naval    Ibl 

Of  aids  to  the  governor, 

Of  of  l  isional  am 


Of  officers  of  the  navy,  11 
Of  adjutant  general  of  staff  department,  13 
of  paymasters  in  pay*  department,  13 
Of  surgeon  general  in  medical  depart- 
ment, 9 
Of  officers  in  staff  departments,  9 


K  EI.  FAKEMENT. 
From  oath  to  support  constitution  of 

United  States, 
From  obligation  Under  the  same, 


33 
3 


RETURNS. 

Of  persons  voting,  4,  32 

( lopies  of,  to  be  transmitted  to  governor 

by  clerks,  4,  32 

Transmission  of,  by  officers  at  military 

encampments  to  governor,  4,  33 

REVENUE  AND  COAST  SURVEY. 
Officers  in  this  service  in  the  United 

States,  who  are  Virginians,  to  be 
invited  to  enter  the  service  of  Vir- 
ginia, 8 

RIFLEMEN. 

What  a  regiment  to  consist  of,  10 

SAPPERS  A\D  MINERS. 
To  be  attached  to  engineer  corps,  13 

SCHEDULE. 

Of  ordinance  repealing  ratification  of 
United  States  constitution,  3 

Of  ordinance  amending  the  constitution 
in  relation  to  taxation,  31 

SECRETARY  OF  THE  COMM<  >X- 
WEALTH. 
To  send  ordinance  and  schedule  to  clerks 
and  military  commanders,  4,  32 


Tampering  with, 


SLAVES 


35 


SMALL  \nrES. 
Banks  authorized  to  issue.  30 

Uow  state  stock  banks  may  i  :?(l 

Law  prohibiting  passage  of,  suspended,      30 

SP1  I  l  M.  m  —I  NGERS. 
To  be  employed  by  secretary  of  the  com- 
monwealth, 


STAFF  DEPARTMENTS 
Ordinances  organising, 

STAY  LAW. 
Ordinance  enacting, 
To  what  liabilitn  •■(  apply, 

Not  to  effect  the  statute  of  limitat 
linne  in  for 

SUB8ISTENI  l.  DEPARTMENT 
Bon  compt 


SUPPLE  - 

1     Foi  the  army,  how  purchased, 
"  'Inn:  bow, 


18 


M 


13 


17 
17 


44 


IXDEX. 


TAXATION. 
To  be  equal  and  uniform,  31 

Property  may  be  exempt  from,  31 

TELEGRAPH. 

From  Alexandria  to  Winchester,  30 

From  Richmond  to  York  river,  37 

nor  to  assume  control  of,  in  this 

state,  37 

TIME. 
When  ordinance  of  secession  to  take  effect,    3 
When  ordinance  to  amend  constitution 

to  take  effect,  31 

How  computed  under  stay  law  when 
statute  of  limitations  comes  in  ques- 
tion, 34 

TREASURY  NOTES. 

Ordinance  authorizing  issue  of,  28 

Denomination  of,  29 

How  prepared,  29 

To  whom  payable,  29 

Rate  of  interest,  29 
Faith  of  the  commonwealth  pledged  for 

their  redemption,  29 
Appropriation  to  pay  for  engraving, 

printing,  &c.  29 

To  be  received  in  payment  of  taxes,  30 
Officer  receiving  for  taxes,  to  endorse  as 

paid,  when  interest  to  cease,  &c.  30 


UNION. 

Between  Virginia  and  United  States,  dis- 
solved, 


U.  S.  ARMY. 
Virginians  in.  to  be  invited  to  enter  the 

Bervice  of  Virginia,  8 

Virginians  in,  to  have  preference  of  ap- 

pointmenta  in  provisional  army,  10 

U.  S.  NAVY. 

Virginians  in,  to  be  invited  to  enter  the 
service  of  Virginia,  8 


VOLUNTEERS. 
TjP  be  called  into  service  of  the  state  by 

governor,  8 

How  received  and  organized,  8 

Officers  to  be  commissioned  by  governor,     8 
Term  of  enlistment,  service  and  pay,  20 

\\  hr ii  pay  to  commence,  20 

Ordinance  establishing  rules  and  articles 

for  government  of,  26 

Officers  of;  appointments  above  lieutenant 

colonel  to  be  confirmed  by  convention,   14 

VOTERS. 
Who  to  vote  for  ordinance  of  secession,       4 
Who  for  ordinance  to  amend  constitu- 
tion, 31,  32 


WARRANTS. 
No  trial  upon,  for  certain  cases,  34 

WRITS. 

Of  fieri  facias  and  venditioni  exponas 
not  to  be  issued  for  the  sale  of  pro- 
perty, 33 


CONVENTION 


BETWEEN'   THE 


COMMONWEALTH  OF  VIE(iI.\!A 


AND    THE 


CONFEDERATE   STATES   OF  AMERICA. 


The  commonwealth  of  Virginia,  looking  to  n  speedy  union  of  said  common- 
wealth and  the  other  slave  states  with  the  Confederate  Slates  of  America,  accord- 
ing to  the  provisions  of  the  constitution  for  the  provisional  government  of  said 
states,  enters  into  the  following  temporary  convention  and  agreement  with  said 
states  for*  the  purpose  of  meeting  pressing  exigencies  all',  .ting  the  common  rights. 
interests  and  safety  of  said  commonwealth  and  said  confederacy  : 

1st.  Until  the  union  of  said  commonwealth  with  said  confederacy  shall  be  per- 
fected, and  said  commonwealth  shall  become  a  member  of  said  confederacy  ac- 
cording to  the  constitutions  of  both  powers,  the  whole  military  force  and  military 
operations,  offensive  and  defensive,  of  said  commonwealth,  in  the  impending  con- 
flict with  the  United  Mates,  shall  be  under  the  chief  control  and  direction  of  the 
president  of  said  Confederate  States,  upon  the  same  principles,  basis  and  footing 
as  if  said  commonwealth  were  now,  and  during  the  interval,  a  member  of  said 
confederacy. 

2d.   The  commonwealth  nf  Virginia  will,  after  the  consummation  of  the  union 
contemplated  in  this  convention,  and  her  adoption  of  the  constitution  fur  a  perma- 
nent  government  of  said   Confederate  States,  and  she  shall  become  a  member  of 
said  confederacy,  under  said   p<  rmaneiit  constitution,  if  the  same  OOCnr,  turn  over 
id  Confederate  Stales   all  the  public  property,  naval   stores  and  munition    i 

war.  <  te.  she  may  then  be  in  possession  of.  acquired  from  the  United  states,  on 
the  same  terms  and  in  like  manner  as  the  other  states  of  said  confederacy  hs 

done  in  liki 

3d.  Whatever  expenditures  of  money,  if  any.  said  commonwealth  of  Virginia 
shnll  make  before  the  union  under  the  provisional  government,  as  above  contem- 
plated, -hall  I.,  consummated,  shall  be  met  and  provided  lor  by  said  Confedei 

..mention,  entered  into  and  agrc<  d  to,  in  the  city  of  Richmond,  Virginia, 
on  the  twenty-fourth  day  of  April.  hundred  ami  sixty-one,  by  Alexander 


46    CONVENTION    BETWEEN    VIRGINIA   AND    CONFEDERATE   STATES. 

II.  Stephens!  the  duly  authorized  commissioner  to  net  in  the  matter  for  the  said 
Confederate  Slates,  and  John  Tyler,  "William  Ballard  PreBton,  Samuel  McD. 
Moore,  James  P.  Hpleomhe,  James  ('.  Bruce  and  Lewis  E.  t^arvie,  parties  duly 
authorized  to  act  in  like  manner  for  said  commonwealth  of  Virginia — the  whole 
subject  to  the  approval  and  ratification  of  the  proper  authorities  of  both  govern- 
ments  respectively. 

hi  testimonyVriiereof,  the  parties  aforesaid  have  hereto  Bet  their  hands  and  seals, 
the  day  and  year  aforesaid,  and  at  the  place -aforesaid,  in  duplicate  originals. 

JOHN   TYLER,  [Seal.] 

WM.   BALLARD  PRESTON,  [Seal.] 

S.  McD.  MOORE,  [Seal.] 

JAMES  P.  HOLCOMBE,  [Seal.] 

JAMES  C  BRUCE,  [Seal.] 

LEWIS  E.  IIARVIE,  [Seal.] 
Committee  of  the  Convention. 

ALEXANDER  H.  STEPHENS,  [Seal.] 
Commissioner  for  Confederate  States. 


ORDINANCES 


ADOPTED    BY 


THE  CONVENTION  OF  VIRGINIA, 


AT    THE 


ADJOURNED    SESSION 


IN 


JULY  13GI, 


v\ 


ORDINANCES. 


No.  50. — An  ORDINANCE  authorizing  and  directing  Improvements  and 
Repairs  to  be  made  on  the  Staunton  and  Paxkersburg  Turnpike  Road. 

Passed  June  14,  1861. 

1.  Be  it  ordained,  that  the  governor  is  hereby  authorized  and  Bridges  to  be 
directed  to  cause  such  bridges  to  be  rebuilt  aud  such  other  repairs  to  repairs  made  '° 
be  made  on  the  Staunton  and  Parkersburg  turnpike  road  east  of 
Beverley  in  the  county  of  Randolph,  as  are  or  may  become  necessary 

in  the  use  of  said  road  for  military  purposes  and  operations ;  and  a 
sufficient  amount  for  the  purpose  is  hereby  appropriated  out  of  the 
treasury,  upon  the  order  or  orders  of  the  governor  ;  to  be  paid  out  of 
any  funds  that  have  been  or  may  be  set  apart  or  appropriated  for  the 
defence  of  the  state. 

2.  This  ordinance  shall  be  in  force  from  its  passage,  subject  to 
amendment  by  the  convention  or  general  assembly. 


No.  51. — An  ORDINANCE  concerning  Suspicious  Persons. 

Passed  June  17,  1861. 

Be  it  ordained,  that  the  governor  may  cause  to  be  apprehended  Suspicions  per- 
and  secured,  or  may  compel  to  depart  from  this  state,  all  suspicious  prehended and" 
subjects  or  citizens  of  any  foreign  state  or  power  at  war  with  the  8ecured 
Confederate  States  of  America,  or  from  which  hostile  designs  against 
the  Confederate  States  of  America  are  apprehended  by  the  president 
thereof;  and  the  governor  may  send  for  the  person  or  papers  of  any 
foreigner  within  this  state,  in  order  to  obtain  information  to  enable 
him  to  act  in  such  cases. 


No.  r>2. — An  ORDINANCE  providing;  f<>r  the  speedy  completion  of  Rail 
Road  Connections  between  Richmond  ami  Harpers  Ferry. 

Passed  .Tun-  LB,  18SL 

lie  it  ordained,  that  the  Manassas  Gap  rail  road  company  be  and  Ban 
arc  hereby  authorised  to  extend  their  road  from  some  point  at  or  ■ 
near  Slnn-burg.  (<•  (unmet  with  the  rail  road  at  or  near  "Winchester.  road 


-r>0  ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 

If  the  major  general  in  command  of  the  confederate  forces  in  this 
commonwealth  regards  tin*  construction  of  this  road  at  this  time 
Governor  antho- necessary  f«»r  the  military  defence  <>f  the  state,  the  governor  of  the 
moser  commonwealth  is  hereby  authorized  to  loan  said  company,  out  of  the 

funds  appropriated  for  the  defence  of  the  stale,  a  Bum  nol  exceeding 
the  sum  of  one  hundred  and  twenty-five  thousand  dollars,  including 
the  sum  already  advanced  by  the  state  to  pay  the  duties  on  the  irou 
purchased  by  said  road,  taking  a  mortgage  on  the  said  road  for  the 
repayment  of  the  sum  so  loaned. 


No.  53. — An  ORDINANCE  t.>  authorize  the  County  Courts  to  make  pro- 
vision for  the  maintenance  of  the  Families  of  Soldiers  in  the  actual  service 
of  the  State  01  tin'  Confederate  States,  and  for  other  purposes. 

Passed  .Time  18,  18G1. 

Omnty  court*         I3e  it  ordained  by  the  people  of  Virginia,  in  convention  assembled, 
mayfttrniBh  °E8  that  in  addition  to  the  purposes  specified  in  the  act  of  the  general 
uniform?.  &c       assembly  of  this  commonwealth,  entitled  an  act  to  authorize  the 
county- courts  and  any  incorporated  city  or  town  to  arm  the  militia 
of  their  respective  counties,  cities  and  towns,  and  to  provide  means 
therefor,  passed  January  nineteenth,  eighteen  hundred  and  sixty-one, 
the  county  courts  and  corporations  accepting  the  provisions  of  said 
act,  may  furnish  uniforms,  equipments  and  any  necessary  relief  to 
such  volunteers  and  to  such  portions  of  the  militia  in  their  respective 
jurisdictions  as  they  may  deem  expedient;  may  likewise  make  pro- 
vision for  the  maintenance  of  the  families  of  soldiers  in  the  actual 
service  of  the  state  or  of  the  Confederate  States ;  and  for  such  other 
purposes  as  the  public  exigencies  may  require :  and  they  shall  have 
power  to  provide  the   means  necessary  for  these  purposes,  in  the 
Acts  of  county    manner  set  forth  in  said  act:   And  all  orders  and  acts  of  county 
oourts  eg  courts  and  corporations  heretofore  done  and  made  for  the  purposes 

aforesaid,  and  any  bonds  heretofore  issued  for  such  purposes,  are 
Banks  autho-      made  legal  and  valid.     And  the  several  banks  of  this  commonwealth 
chase 'bonds        aro  hereby  authorized  to  purchase  bonds  issued  by  the  counties  of  this 
state  for  the  purposes  aforesaid;  and  where  such  bonds  have  already 
been  purchased  by  any  such  bank,  the  same  is  hereby  legalized. 

This  ordinance  shall  be  in  force  from  its  passage. 


No.  54. — An  ORDINANCE  to  legalize  the  Election  of  certain   Menihers 
elected  to  the  next  General  Assembly. 

Passed  Juno  19, 1861. 

Whereas  doubts  have  arisen  as  to  the  legality  of  the  election  to 
the  general  assembly  of  Virginia  of  persons  holding  military  com- 
missions or  receiving  pay  or  emolument  in  the  military  service: 


ORDINANCES   OF   THE    VIRGINIA   CONVENTION.  5  1 

Be  it  therefore  ordained,  that  no  person  elected  to  either  house  of  Elections  to 
the  general  assembly  of  Virginia,  at  the  election  held  on  the  twenty-  bly  legalized 
third  day  of  May  eighteen  hundred  and  sixty-one,  shall  be  disqualified 
from  taking  or  holding  his  seat  by  reason  of  his  holding  a  military 
commission,  or  receiving  pay  or  emolument  in  the  military  service 
of  Virginia,  or  the  Confederate  Slates  of  America  at  the  time  of  his 
election,  or  afterwards. 


No.   55. — An    ORDINANCE    to   Repeal   the  Ordinances    concerning  the 
Advisory  Council. 

,1  June  19,  1861. 

Be  it  ordained,  that  the  several  ordinances  of  the  convention  to  OrrlinancrR  nn- 

...  .  -  .    .  ..  ,    P  .  tliorizing  council 

authorize  the  appointment  oi  an  advisory  council,  to  denne  its  au- repealed 
thority,  to  increase  its  number,  and  to  prescribe  the  compensation  of 
its  members,  be  and  the  same  are  hereby  repealed. 


No.  56.— An  ORDINANCE  adopting  the  Constitution  of  the  Confederate 

Sir, 

r       i  Joi  •  I  •.  1861. 

We,  the  delegates  of  the  people  of  Virginia,  in  convention  assctn-  Constitution  of 
bled,  do,  in  their  name  and  behalf,  assent   to,  ratify  and  ordain  the  a 
constitution  of  the   Confederate  Slates  of  America,  adopted  by  the 
congress  of  the  Confederate  States  of  America  on  the  eleventh  of 
March   eighteen   hundred  and   sixly-one  :    and  we  do  hereby  make 
known  to  all  whom  it  may  concern,  that  the  said  constitution  is  bind- 
ing upon  the  people  of  this  commonwealth.    -But  this  constitution  is  rj  hi  t..  repeal 
ratili  pted  by  Virginia,  with  the  distinct  understanding  on  Served11     n 

n.  thai  she  expressly  reserves  to  hi  rs<  If  the  right,  through  a 

convention  representing  her  people,  in  their  sovereign  character,  to 

!  and  aftnul  this  ordinance,  and  to  resume  all  the  powers  hereb\ 

granted  to  the  confederate  government,  whenever  they  shall,  in  her 

judgment,  have  been  perverted  to  her  injury  or  oppression. 


:.— Aii  01  -.  to  the  Hottonavijle  i  nd  Marl 

I-   torn  1  urnpike  ]:• 

I-    Be  il  .ii  of  twelve  hundred  dollars  is  In  r.  ' 

appropriated  foi        ,    f  re  for  military  purpo  "rier 

on  the  Huttonavilleand  Marlin'i  bottom  turnpike  road,  to  be  paid  i  i 


52 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 


of  any  money  now  or  hereafter  to  be  appropriated  for  the  defence  of 
the  state.  The  amount  hereby  appropriated  is  directed  to  he  ex- 
pended in  preparing  Baid  road  for  the  transportation  of  troops  and 
provisions ;  and  the  governor  is  hereb}r  directed  to  cause  said  repairs 
to  be  made  with  all  possible  dispatch ;  and  the  money  appropriated 
shall  be  paid  upon  the  order  or  orders  of  the  governor. 

2.   This  ordinance  shall  he  in  force  from  its  passage,  subject  to 
amendment  or  modification  by  the  convention  or  general  assembly. 


No.  58. — An  ORDINANCE  concerning  the  Cadets  of  the  Virginia  Military 

Institute. 

Passed  June  22,  1861. 

Army  and  naval      Be  it  ordained,  that  the  board  for  auditing  the  army  and  naval 

authorized  to      expenditures  do  pay  to  such  of  the  cadets  of  the  Virginia  military 

institute  who  have  performed  services  as  drill  masters  at  the  camp  of 

instruction  or  other  place,  the  sum  of  twenty  dollars  per  month 

whilst  so  engaged. 


No.  59. — An  ORDINANCE  for  the  protection  of  property  in  Counties  of 
the  State  not  actually  invaded. 

Passed  June  24,  1861. 


The  officer  eom 
mandinf,'  autho- 
rized to  draft 

militia 


1.  Be  it  ordained,  that  in  such  counties  of  this  state  as  are  not 
actually  invaded,  but  in  which,  from  the  proximity  of  the  enemy  of 
the  state,  or  other  cause,  danger  exists  of  a  loss  of  property  to  the 
citizens  thereof,  the  colonel  commanding  the  militia  of  said  county, 
or,  in  his  absence  or  inability  to  act,  the  next  highest  officer  of  such 
militia  shall,  whenever  in  his  opinion  it  shall  be  necessary  to  protect 
the  property  of  the  citizens  of  such  counties,  have  power,  and  he  is 
hereby  authorized  and  required  to  draft  from  the  militia  of  such 
county  so  many  men,  from  time  to  time,  as  he  shall  deem  sufficient 
to  prevent  any  loss  of  property  from  his  county  as  aforesaid.  lie 
shall  appoint  some  inferior  officer  of  the  regiment  from  which  said 
men  may  be  drafted  to  command  the  same,  under  the  authority  and 
Time  of  8ervice  direction  of  the  officer  who  shall  order  out  the  same ;  the  said  men, 
so  drafted,  shall  remain  in  the  service  of  the  state  for  as  long  as,  in 
the  opinion  of  the  officer  calling  them  out,  their  services  are  neces- 
sary for  the  purposes  above  specified. 


AVliat  officer 
Bhall  command 


ITow  supplied 
with  arms  and 
ammunition 


2.  Be  it  further  ordained,  that  any  guns  or  ammunition  which  have 
heretofore  been  sent  to  such  counties  as  it^may  be  found  necessary 
to  call  out  any  portion  of  the  militia  thereof,  and  which  have  not 


ORDINANCES   OF   THE   VIRGINIA    CONVENTION.  53 

been  used,  shall  be  appropriated  by  those  who  have  the  care  and 
custody  of  the  same  (or  so  much  thereof  as  maybe  necessary)  to  the 
use  of  the  men  so  called  out,  for  the  purposes  of  the  service  to  which 
they  arc  called ;  and  in  such  counties  as  have  not  now  on  hand  any 
arms  or  ammunition  from  the  state,  the  executive  of  the  state  shall  v 
cause  a  sufficient  quantity  of  ammunition  to  be  furnished  the  officer 
calling  out  the  said  militiamen,  for  their  use;,  and  such  officer  shall 
give  his  receipt  therefor,  and  shall  return  to  or  account  for  all  such 
ammunition  furnished  him  under  this  ordinance  as  may  not  be  used 
in  the  service. 

3.  The  officer  calling  out  said  men  shall  report,  from  time  to  time,  The  amount  ot 
to  the  executive  of  this  commonwealth,  the  number  of  men  so  called  ?"cdved 

out  by  him  ;  the  time  of  their  service  ;  and  the  executive  shall  cause 
to  be  paid  to  such  men  so  called  out,  and  the  officer  commanding  the 
same,  such  pay  per  month,  inclifding  rations,  as  the  same  men  would 
be  entitled  to  if  the  entire  regiment  to  which  they  belong  wore  called 
into  the  service  of  the  state  to  repel  invasion :  provided,  that  nothing 
in  this  ordinance  shall  exempt  any  militiaman  from  the  service  of 
the  state  or  the  government  of  the  Southern  Confederacy,  should  it 
become  necessary  to  require  the  same. 

4.  This  ordinance  shall  take  effect  from  its  passage. 


No.  HO. — Au  ORDINANCJE  to  authorize  a  Connection  between  the  Rich- 
mond, Fredericksburg  and  Potomac  and  Richmond  and  Petersburg  Rail 
Roads  in  Richmond,  and  between  the  Richmond  and  Petersburg  and 
Petersburg  Rail  Roads  in  Petersburg. 

Pasnetl  Juno  24,  1861. 

1.  P»e  it  ordained,  that  the  Richmond,  Fredericksburg  and  Poto- Either  company 
mac  rail  road  company  and  the  Richmond  and  Petersburg  company,  extend  road 

or  either  <>f  them,  is  hereby  authorized  to  extend  their  roads,  or 

either  (if  them,  through  the  city  of  Richmond.  BO  as  to  connect  with 

each  other;  and  that  the  Richmond  and  Petersburg  rail  road  com- 
pany and  the  Petersburg  rail  road  company,  or  either  of  them,  is 
hereby  authorized  to  extend  their  roads,  or  either  of  them,  through 
the  city  of  Petersburg,  m  m  to  connect  with  each  other. 

2.  Should  said  companies  fail  to  take  immedial  to  make  Confederate 
either  oi  said  connections,  and  tin-  commander  m  duel  01  tbe  con-  ,,,,r maj eaaat 

in  this  State  d<  I  ID  said   Connections,  or  either  of  thcui  ^'J^^Yobe" 

neoessarj  for  the  defence  of  the  state,  the  Confederate  states  may  mad0 

anectioni  to  1"-  constructed  between  the  n 
above  mentioned,  to  continue  during  the  present  Mar;  ot  the  gover- 

nor  nf  the  state,  (iii  the  requisition  of  the  authorities  of  said  C"ii- 


r,4  ORDINANCES    OF   THE   VIRGINIA    CONVENTION. 

federate  States,  may  cause  such  temporary  connections  to  be  made, 
and  defray  the  expense  thereof  out.  of  the  funds  appropriated  for  the 
defence  of  the  state;  to  be  refunded  by  the  Confederate  States, 
under  the  convention  of  the  twenty-fourth  day  of  April  eighteen 
hundred  and  sixty-one.  And  in  ease  the  temporary  connections 
aforesaid  are  made,  then  the  authority  given  by  this  ordinance  to 
the  companies  aforesaid  to  connect  said  roads,  is  hereby  revoked. 


No.  61. — An  ORDINANCE  to  repeal  the  5th  section  of  an  act  entitled  an 
act  for  the  Belief  of  the  Banks  of  this  Commonwealth. 


Passed  June  21,  1861. 


Reiirf  of  the  Be  it  ordained,  that  the  fifth  section  of  the  act  entitled  an  act  for 

the  relief  of  the  banks  of  this  commonwealth,  passed   March  first, 
eighteen  hundred  and  sixty-one,  is  hereby  repealed. 


No.  62. — An  ORDINANCE  concerning  Ordinances  of  a  General  Legisla- 
tive Character,  and  providing  for  their  Publication  and  Distribution. 

Passed  June  24,  1361. 

Same  footing  as  Be  it  ordained,  that  all  ordinances  of  a  general  legislative  character, 
acts  of  legisia-  ^^jgjj  ]JV  tj,jg  convention,  shall  stand  on  the  footing  of  ordinary 
acts  of  legislation,  and  be  subject  to  be  repealed  or  modified  here- 
after, at  the  pleasure  of  the  general  assembly;  and  that  the  said 
ordinances  be  published  and  distributed  for' general  information,  in 
the  manner  provided  for  the  publication  and  distribution  of  the  Acts 
of  Assembly. 


No.  63.— An  ORDINANCE  authorizing  Banks  to  change  their  Daces  of 

Business. 

Passed  June  24,  18G1. 

Banks  can  Be  it  ordained,  that  whenever  the  president  and  direotors  of  any 

burinie^ineer-0  bank,  or  of  the  branch  of  any  bank,  shall  consider  the  domicil  of  the 
tain  cases  jjank  unsafe,  or  that  access  thereto  is  interrupted,  by  reason  of  the 

public  enemy,  and  shall  so  enter  on  their  minutes,  and  appoint  some 
other  place  for  the  custody  of  its  books  and  effects,  and  the  transac- 
tion of  its  business,  it  shall  be  lawful  for  the  board  to  remove  thereto, 
and  thereat  to  exercise  its  corporate  rights,  until  the  danger  be  over, 
when  it  shall  return  to  its  original  domicil;  and  bills  of  exchange, 
checks  and  negotiable  notes,  payable  at  the  domicil  of  such  bank, 
shall  be  held  and  treated  as  payable  at  the  bank  in  the  place  to 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION.  55 

which  it  is-  removed.     The  president  and  directors  shall  cause  notice  Notice  of  ra- 
ta be  given  of   tlie  removal  of  such  bank,  by  advertiseniunl,  and  given 
other  means  likely  to  make  the  fact  public. 

Be  it  further  ordained,  thai  win  n  any  city  or  town,  wherein  a  bank  Parties  tonego 
.  *  .  t  tiable  notes, 

is  located,  shall  he  occupied,  invested,  or  access  thereto  interrupted  bills,  &c.  to  re- 

by  the  enemy,  or  when  there  is  no  mail  therefrom  to  the  place  or 
places  to  which  notice  should  be  addressed,  the  parties  to  negotiable 
notes,  bills  and  checks,  payable  in  such  city  or  town,  shall  remain 
bound  after  the  maturity  of  such  notes,  hills  and  checks,  without 
demand,  protest  or  notice,  as  if  the  requirements  of  law  in  that  be- 
half had  keen  complied  with. 


No.  64. — An  ORDIK  LNCE  to  amend  and  rc-cnaci  an  Ordinance  entitled  an 
ordinance  to  authorize  a  Connection  between  the  Richmond,  Fredericks- 
burg and  Potomac  Rail  Road  and  the  Richmond  and  Petersburg  Rail  Road 
in  Richmond,  and  between  the  Richmond  and  Petersburg  Rail  Road  and 
Petersburg  RaH  Road  in  Petersburg,  passed  June  24th,  1861. 

Passed  Juno  26,  186L 

IV  it  ordained,  that  the  ordinance  entitled  an  ordinance  to  autho-  Ordinance 

,  ,      _,   .  ,    _     3     .  .    ,  -,    ,.   ,      passed 24th Jnne 

nze  a  connection  between  the  Richmond,  Fredericksburg  and  Poto-  iM;i  amended 
mac  rail  road  and  the  Richmond  and  Petersburg  rail  road  in  Rich- 
mond, and  between  the  Richmond  and  Petersburg  rail  road  and 
Petersburg  rail  road  in  Petersburg,  passed  on  the  twenty-fourth  day 
of  June  eighteen  hundred  and  sixty-one,  be  amended  and  re-enacted 
80  as  to  read  as  follows  : 

1.   Be  it  ordained,  that  \~\n~  Richmond,  Fredericksburg  and  Poto-  Either  company 

.,  .,  authorised  to 

mac  rail  road  company  and  the  Richmond  and   1  eterBburg  rail  road  extend  road 

company,  or  cither  of  them,  is  hereby  authorized  to  extend  their 
roads,  or  either  of  them,  through  tip'  city  oi  Richmond,  so  as  to  con- 
nect with  each  other;  and  that  the  Richmond  and  Petersburg  rail 
road  company  and  tho  Petersburg  rail  road  company,  or  either  of 
them,  is  hereby  authorized  to  extend  their  roads,  or  either  of  them, 
through  the  city  of  Petersburg,  so  as  tp  conned  with  each  other; 

and  that  the  trains  of  locomotives  ami  ear  of  all  of  the  said  Compa- 
nies ami  of  southern   rail   road-    connected   with   them,  may  he  Oted 

upon  the  said  extensions,  should  said  companies,  or  « ither  of  them, 
fail  to  take  immediate  stops  to  make  either  of  said  connections,  ami 
the  commander  in  chief  of  the  confederate  forces  in  this  state  should 
deem  said  connections,  or  either  of  them,  necessary  for  the  defence 

of  the  state,  the  government  of  the  Confederate   Statel   may  can  B 

temporary  connection)  ;•>  be  constructed  between  the  roads  ai 
mentioned,  to  continue  during  the  present  vnr;  or  the  governor  of  i 
this  Mate,  on  the  requisition  of  the  authoril  !  Confederate,, 

Bcfa  temporary  connections  to  he  made,  and  de-  ^i.X'Vub'J1 

mudo 


56  ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 

fray  tin-  expense  thereof  out  of  the  funds  appropriated  for  the  defence 
of  the  «tate,  to  be  refunded  by  the  Confederate  States,  under  the 
convention  between  this  state  and  the  Confederate  States,  of  the 
twenty-fourth  day  of  April  eighteen  hundred  and  sixty-one.  And  in 
case  the  temporary  connections  aforesaid  are  made,  then  the  autho- 
rity given  by  this  ordinance  to  the  companies  aforesaid  to  connect 
the  said  roads,  is  hereby  revoked. 

Public  or  private     2.   Be  it  further  ordained,  that  in  order  to  enable  the  said  compa- 

condemneday  be  nies  to  makc  thc  extensions  of  their  roads  herein  provided  for,  they 

are  hereby  authorized  immediately  to  enter  upon  and  occupy  any 

real  property,  public  or  private,  which  may  be  needed  to  make  said 

extensions,  any  enactment  of  the  general  assembly  heretofore  passed 

to  the  contrary  notwithstanding,  and  to  have  the  same  condemned ; 

the  amount  of  any  damages  for  entering  upon  and  occupying  any 

real  property,  to  be  ascertained  as  now  provided  for  by  law,  with  re- 

Dweiiing  houses  gard  to  corporations  generally  :  provided,  however,  that  no  dwelling 

demlTed  wXuj  house  shall  be  taken  for  the  purposes  aforesaid,  without  the  consent 

consent  of  owner  of  the  owuer  thercof. 

3.   This  ordinance  shall  be  in  force  from  the  passage  thereof. 


Auditor  may 
authorize  clerk 
to  perform 
duties 


No.  05— An  ORDINANCE  providing  for  the  appointment  of  Commissioners 
of  the  Revenue  and  Collectors  of  Taxes  in  certain  cases,  and  providing 
for  the  absence  of  the  Auditor  of  Public  Accounts. 

Passed  June  26,  1861. 

1.  Be  it  ordained,  that  whenever  it  is  necessary  for  the  auditor  of 
public  accounts  to  be  absent  from  his  office,  when  he  is  employed  in 
the  performance  of  the  duties  of  any  board  of  which  he  is  ex-officio 
a  member,  or  when  engaged  in  any  special  or  important  duty  apper- 
taining to  his  office,  he  may  thereupon  authorize  the  duties  of  the 
said  officer  to  be  performed  for  such  time  by  any  clerk  in  his  office, 
of  which  authority,  information  shall  be  given  to  the  treasurer  and 
second  auditor.  The  auditor  of  public  accounts  and  his  securities 
shall  be  liable  for  any  default  or  breach  of  duty  while  so  acting.  No 
additional  compensation,  beyond  the  annual  salary,  shall  be  allowed 
to  any  clerk  for  his  services  while  so  acting. 


Commissioners 
of  the  revenue 
may  be 
appointed 


2.  It  shall  be  lawful  for  the  auditor  of  public  accounts  to  appoint 
one  or  more  commissioners  of  the  revenue  for  each  district  in  this 
commonwealth  to  fill  any  vacancy  therein,  or  to  perform  any  duty 
which  the  incumbent  has  failed  or  refused  to  perform.  The  com- 
missioner bo  appointed  shall  continue  in  office  until  his  successor  is 
elected  and  qualified  (if  appointed  to  fill  a  vacancy),  and  afterwards 
until  he  shall  have  completed  his  assessments  of  all  licenses,  persons 


ORDINANCES   OF   THE   VIRGINIA    CONVENTION.  57 

and  property  which  may  have  been  commenced  by  him,  and  the 

delivery  of  the  certificates  of  licenses  and  books  of  his  assessments 

of  persons  and  property  to  the  proper  collecting-  officers,  in  the  mode 

prescribed  by  law.     The  time  for  the  assessments  and  delivery  of 

the  certificates  and  books  thereof,  as  aforesaid,  shall  be  prescribed  by 

the  auditor  at  the  time  of  the  appointment.     For  good  oause,  the  Fees  of  eommig- 

said  auditor,  with  the  approbation  of  the  governor,  may  allow  such  increased 

commissioner  an  additional  fee  for  each  certificate  of  license,  to  be 

issued  by  him,  not  exceeding  one  dollar,  to  be  included  in  the  license 

tax. 

3.  Whenever  the  office  of  any  sheriff  or  collector  of  taxes  shall  How  vacancies 
become  vacant,  or  when  the  security  of  any  sheriff  or  collector  is  other  collector* 
manifestly  insufficient,  the  auditor  of  public  accounts  may  appoint  may  c  8upp  ie 
a  collector  of  the  taxes,  militia  fines,  and  other  public  dues,  in  any 

county  or  corporation,  to  collect  the  same,  and  may  allow  him  a 
reasonable  compensation,  to  be  agreed  upon  (before  the  service  is 
commenced),  and  approved  by  the  executive. 

4.  Such  collector  shall  have  a  reasonable  time  allowed  him  by  the  in  cases  of 
auditor  to  make  such  collections  and  pay  the  same  into  the  treasury;  may  take  ju'dg 
and  shall,  before  he  acts,  execute  a  bond  witli  sureties  approved  by  SbcwSoii 
the  said  auditor,  conditioned  that  he  will  faithfully  collect  the  said 

taxes,  militia  fines  and  other  public  dues,  and  account  for  and  pay 
the  same  into  the  treasury  within  the  time  so  allowed.  The  said 
bond  shall  remain  filed  in  the  auditor's  office.  In  all  cases  of  default 
in  the  payment  of  taxes  collected  by  any  officer,  where  the  auditor  of 
public  accounts  is  required  to  take  judgment  against  such  defaulting 
officer  within  a  given  time  without  notice,  the  said  auditor  may  in 
his  discretion,  within  said  time,  take  such  judgment  or  not. 

5.  This  ordinance  shall  be  in  force  from  its  passage,  and  continue 
in  foree  until  repealed  by  the  general  assembly;  the  right  to  do 
which  is  hereby  vested  in  the  said  general  assembly. 


No.  6G. — An  ORDINANCE  respecting  the  Revenue  of  the  Literary  Fund. 
Tagged  June  26,  1861. 

Be  if  ordained,  that,  excepting  the  appropriations  to  the  university  Literary  fund 
of  Virginia  and  the  Virginia  military  institute,  the  whole  revenues  for  mllitaa-j 

aocrning  to  the  Literary  fund,  until  otherwise  provided  by  law,  be     ''!"  '" 
and  the  lame  arc  hereby  appropriated  to  tin'  purpose  of  the  military 
defence  of  th^  state,  ami  the  future  operation  of  all  laws  appropriat- 
ing Booh  revenue  j-  hereby  raspended  i  but  such  portion  of  said  re 

venue  already  aooraed   as  may  he  lawfully  bound,  up  to  the  first  day 
of  July  next,  shall  be  paid  aec'i'din-ly. 


5S 


ORDINANCES    OF   THE   VIRGINIA    CONVENTION. 


Conrt  o{  the 
enmity  next 
th'-roto  uhall 


No.  67.— An  ORDINANCE  extending  the  Jurisdiction  of  the  County 
Courts  in  certain  cases. 

Passed  June  2C,  1SG1. 

Be  it  ordained,  that  when  the  court  of  any  county  shall  fail  to 
meet  For  the  transaction  of  business,  or  the  people  thereof,  or  any  of 
havejuriediction  thenij  sha]1  1)(.  preverjtea  ,Vnm  attending  thereupon  by  reason  of  the 
public  enemy,  the  court  of  the  county  next  thereto,  where  Bueh  ob- 
struction does  not  exist,  and  the  clerk  thereof,  shall  have  jurisdiction 
of  all  matters  and  authority  to  do  and  perform  all  acts  which,  as  the 
law  now  is,  are  referable  to  the  court  or  to  the  clerk  of  the  count}-  so 
obstructed. 


Who  exempt 
from  military 
duty 


No.  G3.— An  ORDINANCE  to  amend  an  Ordinance  passed  May  1st,  1861, 
concerning  Persons  exempt  from  Military  Duty. 

Passed  June  26,  18C1. 

1.  Be  it  ordained,  that  the  ordinance  passed  the  first  day  of  May 
eighteen  hundred  and  sixty-one  be  and  the  same  is  hereby  amended 
and  re-enacted  so  as  to  read  as  follows  : 

That  all  persons  actually  and  personally  employed  in  any  factory 
for  the  manufacture  of  arms,  munitions  of  war,  shoes,  leather,  cotton 
or  woolen  goods,  or  in  mining  for  coal,  iron,  lead,  saltpetre,  salt  and 
other  minerals  deemed  necessary  for  the  defence  of  the  state,  shall 
be  exempt  from  the  performance  of  military  duty,  unless  drafted  and 
detailed  for  actual  service  by  order  of  the  governor,  until  otherwise 
provided  by  law.  '    ' 

2.  This  ordinance  shall  be  in  force  from  the  passage  thereof. 


tntfrest  sns- 
pended  during 
'.he  war 


No.  G9.— An  ORDINANCE  in  relation  to  the  Interest  of  the  State  Bonds. 

PasBed  June  20,  1831. 

Be  it  ordained,  that  the  payment  of  the  interest  upon  the  bonds  of 
the  state,  now  the  property  of  the  government  of  the  United  States, 
or  held  by  it  in  trust,  or  which  are  now  the  property  of  a  citizen  or 
corporation  of  said  government,  or  of  any  state  adhering  thereto,  bo 
suspended  during  the  existing  war;  and  for  the  purpose  of  ascertain- 
ing the  bonds  which  are  so  owned,  the  commissioners  of  the  Sinking 
fund  shall  cause  such  interrogatories  as  they  may  prescribe,  to  be 

Interest  pnyahlo  answered  under  oath.     The  interest  on  said  bonds,  except  those  held 
at  tin;  treasury  f  ..  11  ,.        ,        .,  , ,     .     _        ,  ,    ,,  ,  .-, 

Exception  as  aforesaid,  and  the  sterling  bonds  payable  in  London,  shall  be  paid 

at  the  treasury,  and  not  elsewhere,  in  currency. 


ORDINANCES   OF   THE   VIRGINIA   CONVENTION.  Z39 


No.  70.— An  ORDINANCE  to  prohibit  Citizens  of  Virginia  from  holding 
Office  under  the  United  States  Government. 

Passed  June  27,  1861. 

1.  Re  ii  ordained,  that  any  citizen  of  Virginia  holding  office  under  Banished  frora 
the  government  of  the  United  Slates  after  the  first  of  August,  shall  declared  an 
be  forever  banished  from  iliis  state,  and  is  declared  an  alien  enemy,  ;iht'n 

and  shall  be  so  considered  in  all  the  courts  of  Virginia. 

2.  Any  citizen  of  Virginia,  -who  may  hereafter  undertake  to  repre-  Shall  be  deemed 
sent  the  Btate  of  Virginia  in  the  congress  of  the  United  Slates,  shall,  gui  >0 

in  addition  to  the  penalties  of  the  preceding  section,  he  deemed 
guilty  of  treason,  and  his  property  shall,  upon  information  by  the 
attorney  g<  neral,  in  any  court  of  this  commonwealth,  be  confiscated 
to  the  use  of  the  state. 

3.  The  first  section  shall  not,  be  deemed  applicable  to  any  officer 
of  the  United  States  now  out  of  the  limits  of  the  United  Stales  or  of 
the  Confederate  States,  until  after  the  first  day  of  July  eighteen 
hundred  and  sixty-two. 


No.  71. — An  ORDINANCE  authorizing  Treasury  Notes,  and   concerning 

tin-  Ranks. 

Passed  June  28,  1861. 

I.  Be  it  ordained,  that  the  twelfth  and  thirteenth  sections,  and  the  Whensns- 
last  clause  of  the  sixteenth  section  of  chapter  fifty-eight  of  the  Code, 
be  and  the  same  are  hereby  suspended,  in  respect  to  the  banks  which, 
since  the  seventeenth  day  of  April  last,  have  made,  or  may  hereafter 
make  loans  to  this  commonwealth  and  the  government  of  the  Confe- 
derate States,  or  to  cither  of  them.  The  "loans  and  discounts"  end  Loang and dlr 
i  .,.,,-...  ,        ,.  ,      ,  .       counts  may 

the   "circulation"  of  the  banks  so  lending,  may  exceed   the  restriO- exceed  reatrto" 

'hereon  by  the  amount  of  their  loans  to  the  commonwealth  and 
the  government  of  the  Confederate  states,  until  the  same  be  repaid. 
The  banks  are  severally  authorized  to  loan  to  the  commonwealth  and 
to  the  government  of  the  Confederate  States  thirty  per  centum  on 
their  respective  capitals,   in  the  ratio  of  twenty   per  centum   to  the 

onwealth,  and  oi  ten  per  centum  to  the  government  of  the 
Confederal  ;  and  a  loan  to  either  shall  impose  an  obligation 

'i  tu  the  other  in  the   ratio  aforesaid:    provided,  that  upon   the  Bank  may  loan 
certificate  of  the  auditor,  that  the  wants  of  the  commonwealth  will  I  -,'a  Con- 

supplied  by  loans  by  the  banks  of  1-  m  than  the  twenty  pei  eentum  ' 
aforesaid,  they  shall  severally  be  at  liberty  to  increase  their  loai 

ment  of  the  Confederate  State--  by  such  deficiency.  The 
banks  shall  beat  liberty  to  receive  and  circulate  the  treasury  notes 
of  the  commonwealth  and  the 


60  ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 

Auditor  of  2.   For  the  purpose  of  raising  money  for  the  defence  of  the  state, 

may ^suc °t"ea-  and  the  payment  of  the  interest  on  the  public  debt  and  of  the  ex- 

»ury  notes         penses  of  the  convention,  the  governor  is  hereby  authorized  to  direct 

the  auditor  of  public  accounts  to  issue  treasury  notes,  to  an  amount 

not  exceeding  in  the  aggregate  four  millions  of  dollars,  in  addition  to 

the  sum  authorized  to  be  borrowed  under  the  ordinance  passed  the 

thirtieth  day  of  April  eighteen  hundred  and  sixty-one,  entitled  an 

ordinance  to  authorize  the  issue  of  treasury  notes.    The  notes  hereby 

authorized  to  be  issued,  to  the  amount  of  two  millions  of  dollars,  shall 

bear  no  interest,  be  payable  on  demand  to  bearer,  and  in  sums  not 

Kotes  so  issued   less  than  five  dollars.     The  residue  thereof  shall  bear  interest  at  the 

to  bear  interest  ~    .  -,  ,  ,  ,     ,     , 

rate  of  six  per  centum  per  annum,  and  be  payable  to  bearer,  one  year 
after  the  date  thereof,  in  sums  not  less  than  twenty  dollars.  All  of 
these  notes  shall  be  receivable  in  payment  of  all  taxes  and  other  dues 
to  the  commonwealth,  and  may  be  reissued  until  otherwise  provided 
May  be  eon-  by  law.  They  may  also,  when  presented  at  the  treasury  in  sums  of 
registered °bonds  five  hundred  dollars,  or  any  multiple  of  one  hundred  above  that  sum, 
be  converted  into  registered  bonds  of  the  state,  bearing  six  per  cen- 
tum interest  per  annum.  All  the  provisions  of  the  ordinance  passed 
the  thirtieth  day  of  April  eighteen  hundred  and  sixty-one  shall  be 
held  to  apply  to  the  notes  authorized  to  be  issued  by  this  ordinance, 
except  so  far  as  they  majT  be  inconsistent  therewith. 

Banks  entitled       3.   The  banks,  or  any  of  them,  entitled  to  have  their  notes  coun- 
counters'ignod     tersigned  by  the  treasurer,  may  have  them  countersigned  in  like 
by  the  treasurer  maTiner?  t0  i]ie  extent  of  their  loans  under  this  ordinance,  by  depo- 
siting with  the  treasurer  the  bonds  of  the  government  of  the  Confe- 
derate States,  subject  to  all  the  provisions  of  section  forty-nine  of 
chapter  fifty-eight  of  the  Code,  edition  of  eighteen  hundred  and  sixty. 

Treasurer  and  4.  Inasmuch  as  the  preparation  of  the  notes  hereby  authorized  is 
additional  pay  an  addition  to  the  general  duties  of  the  treasurer  and  auditor,  and 
because  it  will  involve  a  large  amount  of  labor  not  contemplated  as 
part  of  their  official  duties,  the  said  treasurer  and  auditor  shall  each 
be  allowed  at  the  rate  of  three  dollars  for  each  thousand  notes  so 
prepared  and  signed  by  them. 


No.  72.— An  ORDINANCE  for  the  relief  of  Sheriffs  of  certain  Counties. 
Passed  June  28, 1861. 

Whereas  some  of  the  counties  of  this  state  have  been,  and  others 
may  be  invaded  and  occupied  by  the  army  of  the  United  States,  and 
other  counties  so  held  by  disloyal  citizens,  as  that  the  sheriffs  of  such 
counties  may  be  hindered  and  delayed,  without  their  fault,  in  the 
collection  of  the  state  revenue  : 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION.  61 

Be  it  therefore  ordained,  that  in  all  such  cases  the  auditor  of  How  auditor 
public  accounts  shall  be  and  he  is  hereby  authorized  and  required  to  sheriff 
settle  with  all  such  sheriffs,  accounting  for  the  revenue  of  their  re- 
spective counties,  upon  just  and  equitable  principles,  allowing'  full 
commissions  upon  the  sums  paid  over,  prescribing  such  forms  for 
returns,  and  omitting-  such  oaths  as  he  may  think  proper,  and  pro- 
viding for  the  subsequent  collection  of  such  public  dues.  And  the 
said  auditor  is  required  in  his  future  reports  to  state  the  special  cir- 
cumstances of  such  cases,  and  the  condition  and  amount  of  the  seve- 
ral claims. 


No.  73. — An  ORDINANCE  concerning  the  Northwestern  Lunatic  Asylum, 
and  the  West  Liberty  Academy  in  Ohio  County. 

1861. 

1.  Be  it  ordained,  that  the    prosecution  of  the  work  upon   the  Work  suspended 
Northwestern  lunatic  asylum  he  suspended  until  the  general  assem- 

bly  shall  otherwise,  provide;  that  no  further  moneys  he  drawn  from 
the  treasury  on  that  account;  and  that  any  surplus  of  the  moneys 

hitherto  drawn,  after  paying  for  work  done,  be  returned   into  the 
treasury. 

2.  Be  it  further  ordained,  that  the  act  of  the  last  general  assent-  Act  authorizing 
bly  authorizing  a  loan  from  the  Literary  fund  of  five  thousand  dol- 
lars to  West  Liberty  academy  in  Ohio  county,  be  and  the  same  is 

hereby  repealed. 

3.  This  ordinance  shall  be  in  force  from  its  passage. 


No.  74. — An  ORDINANCE  for  the  apportions  ent  of  Representation  in  (!i< 
Congress  of  the  Confederate  States. 

Passed  June  28,  1 

Be  it  ordained,  that  the  number  of  members  to  which  this  state  is  state  nrpor- 

•  ii-ii  <•  •  i  .       i-    i  i.  tloned  into 

entitled  in  the  house  <d   representatives  ot  the  Confederate  States,  sixteen  < 
shall  continue  to  be  apportioned  amongst  the  several  counties  and 
corporations  of  the  state,  arranged  into  sixteen  districts  as  follows : 

Middlesex,  Accomack,  Northampton,  King  William,  Gloucester, 
Matthews,   Lancaster,   Westmoreland,   Richmond,  King   & 

Queen  and  Northumberland  shall  be  the  first  district. 

Norfolk  city,  Norfolk  county,  Princess  Anne,  Nansemond,  [sic  of 
Wight,  Southampton,  Sussex,  Surry  and  Greenesville  shall  be  the 
second  disl 

City  "i  Richmond,  rlenrioo,  Hanover,  Charles  City,  New  Kent, 
88 


ORDINANCES    OF   THE   VIRGINIA    CONVENTION. 

Elizabeth  City,  Warwick,  James  City,  Williamsburg  and  York  shall 
be  the  third  district. 

City  of  Petersburg,  Dinwiddie,  Chesterfield,  Powhatan,  Amelia, 
Nottoway,  Cumberland,  Goochland  and  Prince  George  shall  be  the 
fourth  district. 

Prince  Edward,  Brunswick,  Mecklenburg,  Lunenburg,  Charlotte, 
Halifax  and  Appomattox  shall  be  the  fifth  district. 

Pittsylvania,  Patrick,  Henry,  Franklin,  Bedford  and  Carroll  shall 
be  the  sixth  district. 

Albemarle,  Campbell  and  Lynchburg,  Amherst,  Nelson,  Fluvanna 
and  Buckingham  shall  be  the  seventh  district. 

Spotsylvania,  Louisa,  Orange,  Madison,  Culpeper,  Caroline,  King 
George,  Stafford  and  Greene  shall  be  the  eighth  district. 

Fauquier,  Rappahannock,  Prince  William,  Fairfax,  Alexandria, 
Loudoun,  Warren  and  Page  shall  be  the  ninth  district. 

Frederick,  Berkeley,  Morgan,  Hampshire,  Clarke,  Jefferson,  She- 
nandoah and  Hardy  shall  constitute  the  tenth  district. 

Augusta,  Rockingham,  Rockbridge,  Pendleton,  Highland,  Bath, 
Pocahontas  and  Alleghany  shall  constitute  the  eleventh  district. 

Botetourt,  Roanoke,  Montgomery,  Floyd,  Pulaski,  Giles,  Craig, 
Mercer,  Monroe,  Greenbrier,  Raleigh  and  Fayette  shall  constitute 
the  twelfth  district. 

Wythe,  Smyth,  Grayson,  Washington,  Scott,  Lee,  Wise,  Bu- 
chanan, McDowell,  Tazewell,  Bland  and  Russell  shall  constitute  the 
thirteenth  district. 

Kanawha,  Logan,  Boone,  Wayne,  Cabell,  Putnam,  Mason,  Jack- 
son, Roane,  Clay,  Nicholas,  Braxton,  Wirt  and  Wyoming  shall  con- 
stitute the  fourteenth  district. 

Lewis,  Wood,  Pleasants,  Tyler,  Ritchie,  Doddridge,  Upshur,  Ran- 
dolph, Webster,  Tucker,  Barbour,  Harrison,  Taylor,  Gilmer  and 
Calhoun  shall  constitute  the  fifteenth  district. 

Ohio,  Hancock,  Brooke,  Marshall,  Wetzel,  Marion,  Monongalia 
and  Preston  shall  constitute  the  sixteenth  district. 

Each  of  said  districts  shall  choose  one  representative  in  the  con- 
gress of  the  Confederate  States. 


No.  75.— An  ORDINANCE  concerning  the  Office  of  Adjutant. 
Passed  Juno  28,  1861. 

1.  Be  it  ordained  by  the  people  of  Virginia  in  convention  assem- 
bled, that  the  commandant  of  a  regiment  of  volunteers  may  appoint 
any  person  belonging  to  such  regiment  to  act  as  adjutant,  with  the 
rank,  pay  and  emoluments  of  captain — any  thing  in  any  law  or 
ordinance  to  the  contrary  notwithstanding. 

2.  This  ordinance  shall  be  in  force  from  its  passage. 


ORDINANCES   OF   THE   VIRGINIA    CONVENTION.  6-> 


No.  76. — An  ORDINANCE  concerning  the  Appointment  of  Aids  by  the 
Governor  of  the  Commonwealth. 

Passed  June  20,  1861. 

Whereas  the  conduct  and  expenses  of  the  present  war  have  been 
transferred  to  the  authorities  of  the  Confederate  States,  so  as  render 
unnecessary  and  inexpedient  any  extraordinary  expense,  separately, 
by  this  commonwealth,  in  conducting  the  same  : 

Be  it  therefore  ordained,  that  the  eighth  section  of  chapter  sixth  Former  ordi 
of  the  Code  of  Virginia,  authorizing  the  governor  to  appoint  seven  "a 
aids,  and  the  ordinance  pased  April  nineteenth,  eighteen  hundred 
and  sixty-one,  entitled  an  ordinance  to  authorize  the  appointment  of 
aids  by  the  governor,  be  and  the  same  are  hereby  amended,  so  as  to 
read  as  follows : 

"The  governor  of  the  commonwealth  is  authorized  to  appoint,  How  many  aU^i 
during  the  war,  as  many  aids  as  he  may  deem  proper ;  each  with  the 
rank  of  lieutenant  colonel  of  cavalry,  but  only  three  of  such  aids,  to 
be  designated  by  the  governor,  shall  receive  any  pay,  emolument,  or 
perquisites  for  his  services,  during  the  same  year;  and  the  three  aids 
receiving  pay  shall  receive  the  pay  only  of  captain  of  cavalry. M 


No.  77. — An  ORDINANCE  providing  for  the  election  of  Electors  of  Presi- 
dent and  Vice-President  of  the  Confederate  States. 

Passed  June  29,  1861. 

1.  Be  it  ordained  by  this  convention,  that  until  otherwise  ordered  Eighteen  etec- 
by  the  general  assembly,  eighteen  electors  of  president  and  vice-  chosen 
president  of  the  Confederate  States  of  America  shall  be  chosen  by 

the  legally  qualified  voters  of  this  state,  by  general  ticket,  as  follows, 
to  wit :  One  elector  from  each  congressional  district  established  by 
this  convention,  and  two  from  the  state  at  large  ;  the  election  to  be  Election.  »bm 
held  on  the  first  Wednesday  in  November  eighteen  hundred  and 
sixty-one,  and  to  be  conducted  in  all  respects  in  accordance  with  the 
statutes  regulating  the  election  of  electors  of  president  and  vice- 
president  of  the  United  States  of  America,  as  contained  in  the  Code 
of  eighteen  hundred  and  sixty. 

2.  The  persona  chosen  as  electors  of  president  and  vice-president  When  and 
shall  meet  at  the  capitol  in  the  city  of  Richmond  on  the  day  desig- shall  moot 
nntftfl  by  the  congress  of  the  provisional  government  of  the  Confi 'de- 
rate States,  and  shall  then  and  there  give  their  \otej-,  and  make, 
certify  and  transmit  lists  thereof,  in  the  manner  prescribed  by  the 
constitution  and  laws  of  tho  Confederate  States.      If  anv  of  the 


■    OF    THE    VIRGINIA    CONVENTION. 

hall  fail  to  attend  by  ten  o'clock  in  the  morning 
of  the  said  day.  the  electors  present  Bhall  supply  the  vacancy  by 
appointing  an  elector  in  the  place  of  each  one  bo  failing  to  attend; 
and  every  elector  so  appointed  shall  be  entitled  to  vote  in  the  same 
manner  n-  if  he  had  been  originally  chosen  by  the  people. 


3,    .  tor  shall  be  allowed  the  same  pay  and  mileage  that 

may  at  tfa  be   allowed  by  law  to   members  of  the  general 

assembly.  But  no  elector  who  may  be  at  the  capitol  at  the  same 
time  as  a  member  of  the  general  assembly,  shall  receive  any  thing 
in  addition  to  his  pay  and  mileage  as  such  member. 


fro    78  —An  ORDINANCE  to  authorize  the  administration  of  Oaths  by 
the  Si  cond  Auditor  and  others. 

Passed  July  l,  1861. 

Be  it  ordained,  that  the  second  auditor  and  the  secretary  of  the 
commissioners  of  the  Sinking  fund  are  severally  authorized  to  ad- 
minister oaths  in  executing  the  provisions  of  the  ordinance  entitled 
an  ordinance  in  relation  to  the  interest  of  the  state  bonds,  passed  the 
twenty-sixth  day  of  June  eighteen  hundred  and  sixty-one:  That  the 
coupon  bends,  the  payment  of  the  interest  en  which  is  suspended  by 
the  ordinance  above  referred,  to,  shall  not  be  converted  into  registered 
during  the  period  the  payment  of  the  interest  thereon  is  sus- 
pended. 


No.  79.— An  OIJDTNANCK  to  authorize  the,  qualified  voters  of  the  Com- 

•  i,  v. ! ay  be  absent  from  home  in  the  military  service,  to  voto 

of  their  encampment  for  Electors  for  President  and  Vico- 
Presi  :  lor  members  of  Congress. 

Pass-.l  July  1,  1861. 

ii;ty  vote  at  Be  it  ordained,  that  the  qualified  voters  of  the  commonwealth  who 

ibsent  from  the  counties  or  corporations  of  their  residence 
in  the  military  service  of  the  state  on  the  day  of  election  for  electors 
of  presidi  nt  ami  vice-president  and  for  members  of  the  house  of 
is  of  the  Confederate  States,  may  vote  in  said  elections 
at  such  place  or  places  within  their  encampment  as  the  commander 
at  such  encampment  shall  designate*  whether  the  said  encampment 
•  -rim may  shall  be  within  the  limits  of  the  state  or  not.  For  each  place  of 
voting  the  commander  of  the  encampment  shall  appoint  a  superin- 
tendent, three  commissioners,  and  as  many  clerks  as  shall  be  neces- 
sary, who  after  having  been  first  duly  sworn  by  him,  shall  perforin 
the  duties  required  of,  and  be  liable  to  the  penalties  imposed  upon 


#^f 


ORDINANCES   OF  TnE   VIRGINIA    CONVENTION.  r>.r> 

such  officers  under  the  election  laws  of  the  state.  The  said  commis- 
sioners shall  canse  separate  polls  to  be  opened  for  the  electors  of 
president  and  vice-president  of  the  Confederate  !  I  for  llic 

election  of  a  member  of  congress.    In  the  election  of  electors  for  How  returns 
president  and  vice-president  of  the  I  so  held  at  J}JJtobama<!« 

any  Buch  encampment,  the  commissioners,  after  p<  the  duties 

required  of  them  by  law,  shall  make  out  a  return  in  the  following 
form:  "  We,  A  B,  commissioners  for  holding  the  election  for  electors 
of  president  and  vice-president  of  the  Confederate  i    the 

encampment  at  commanded  b;  do  1  rtify 

that  an  election  was  held  on  :"  n  day  of  for  said  en- 

campment, and  that  the  number  of  votes  her  pposite  to 

the  names  of  the  i   veral  |  a  for  such  per- 

sons as  el  of  Virginia,  of  a   ; 

president  of  the  Confederate  Stales,  namely:  (Here  the  list  of  the 
names  of  the  electors  and  votes  is  to  follow.)  under  our 

hands  this  day  of  in  the  .»     Which 

return,  written  in  words  and  not  in  fij  1  by  the 

commissioners.     The  said  return  with  the  poll  book  and  Rotumg  sent  to 

the  tickets  given  in  by  the  voters,  shall  be  forthwith  dispatched  by  al,"'Fovcmor 
special  messenger  to  he  appointed  by  the  commandant  of  th< 
campment,  to  the  governor.   And  it  shall  be  the  duty  of  the  governor, 
iningwhat  persons  are  elected,  to  count  the  votes  so  re- 
turned to  him.     In  the  election  of  members  of 

sentatives  of  this  state  in  the  coi  f  the  Confeden  Bffor 

the  said  conn   ission         hall  <  trict  in  the  Btat<  '  pre" 

entitled  to  repre  entation  in  the  congress,  if  there  be  voters  in  said 
encampment  for  such  di  to  vote;   and  the  qualified 

ent  them  ht  of  suffrage,  shall 

from  what  district  tl  and 

each  v<  for  the  member  to  re]  resi  i  I  the  district  from 

which  he  comes,  and  his  name  shell  be  poll  hook 

opened  for  that  district.    And  wh  .CTB 

be  closed,  the  commissioners  holding  the  said  el  hall  niato  ""1 ' 

out  a  certified  statement  of  the  result  of  the  election  in  such  encamp- 
ment for  tl  ional  districts  for  wl 
oeived,  and  the  said  commissioners  shall  deliver  the  poll  hooks  and 

at  to  the  commandant  of  the  encampm 
who  shall  a]  pi  i  on  wh<  take  the  poll 

made  to  the 
courthouse  ol  th<  i    unty  first  named  in  the  law  di 

:  there  to  mi  1 1  the  officer)  o  ndu<  ting  the 

1  .  the  fifteenth 

day  alter  the  commcnoeii  |  , ...,lt  pro. 

ribed  l>y  1  m  of  the 

office  i  iee(  for  deciding  an  ch  i  • 


66 


ORDINANCES    OF   THE    VIRGINIA    CONVENTION. 


CommipMonere 
to  collect  »ub- 

r.riptionn,  bow 
appoiuleil 


No.  80.— An  ORDINANCE  concerning;  the  Confederate  States  Bonds. 
Paused  July  1,1861. 

Be  it  ordained,  that  the  county  and  corporation  courts  in  the  com- 
monwealth be  authorized  to  appoint  commissioners  in  their  several 
counties,  boroughs,  towns  and  cities,  to  collect  subscriptions  to  the 
loaus  authorized  to  be  made  to  the  Confederate  States  bonds,  and  that 
subscriptions  made  to  said  bonds  in  writing  be  binding  on  the  parties 
so  subscribing. 


No.    SI. — An   ORDINANCE   to   substitute  certain  words  for  the  words 
"United  States"  in  the  Laws  of  this  Commonwealth. 

Passed  July  1,  1861. 

Be  it  ordained,  that  wherever  the  words  "United  States"  occur  in 
the  Constitution,  Code  and  other  laws  of  Virginia,  the  words  "  Con- 
federate States"  shall  be  and  are  hereby  substituted  therefor,  where 
applicable. 


Demerol  aspem- 
bly  may  provide 
for  trial  of 


No.  82. — An  ORDINANCE  concerning  Trials  for  Treason. 
Passed  July  1, 1861. 

Be  it  ordained,  that  nothing  contained  in  the  eighth  section  of  the 
declaration  of  rights  prefixed  to  the  constitution,  shall  prohibit  the 
general  assembly  from  providing  by  law  for  the  trial  of  criminal 
cases  by  juries  of  a  vicinage  other  than  that  in  which  the  offence  is 
charged  to  have  been  committed,  when  a  trial  in  such  vicinage  can- 
uot  be  conveniently  had  by  reason  of  the  presence  of  the  public 
enemy,  or  the  prevalence  among  the  people  therein  of  sentiments 
unfriendly  to  the  enforcement  of  public  justice. 


Mmiey  to  be 
puiil  Inlo  the 
trenitorv 


No.  83. — An  ORDINANCE  respecting  the  late  Paymaster  at  Harpers  Ferry. 
Passed  July  1,1861. 

Be  it  ordained,  that  D.  Murphy,  late  paymaster  of  the  United 
States  at  Harpers  Ferry  be,  and  he  is  hereby  required  to  pay  into 
the  treasury  any  balance  of  public  money  remaining  in  his  hands; 
and  the  treasurer  is  directed  to  ascertain  such  balance,  and  to  require 
\\\o  payment  thereof  as  aforesaid. 


if. 


ORDINANCES   OF   THE   VIRGINIA    CONVENTION.  67 

No.  84.— An  ORDINANCE  to  provide  for  the  enrollment  and  employment 
of  Free  Negroes  in  the  public  service. 

Passed  July  1,  1861. 

1.  Be  it  ordained,  that  the  county  and  corporation  courts  are  herehy  How  enrolled 
authorized,  when  deemed  expedient,  to  cause  to  be  enrolled  all  able 

bodied  male  free  negroes,  between  the  ages  of  eighteen  and  fifty, 
residing  within  their  respective  jurisdictions  at  the  date  of  this  ordi- 
nance ;  which  said  enrollment  shall  be  deposited  in  the  clerks'  offices 
of  the  counties  and  corporations  aforesaid. 

2.  That  upon  the  requisition  of  the  commanding  officer  of  any  Commanding 
post,  or  department  of  our  forces,  for  labor  in  erecting  batteries,  «*uuiuon ak* 
entrenchments,  or  other  necessities  of  the  military  service,  addressed 

to  the  presiding  justice  of  any  county,  or  mayor  or  senior  alderman  of 
any  corporation,  as  aforesaid,  he  shall  proceed  forthwith  to  summon 
two  other  justices  to  assemble  at  the  clerk's  office  as  aforesaid  j  and 
any  three  justices  shall  constitute  a  board  to  carry  out  the  purposes 
of  this  ordinance. 

3.  That  said  board,  or  a  majority  thereof,  shall  proceed  to  select  How  to  t* 
from  said  list  or  enrollment  such  number  of  laborers  as  in  their  8eIoct"<' 
judgment  may  be  proper  and  expedient,  having  reference  to  the 
condition  and  circumstances  of  the  parties ;   and  shall  require  the 
sheriff  or  sergeant  to  notify  the  free  negroes  thus  selected  to  assemble 

at  such  time  and  place  as  may  be  agreed  upon  between  said  board 
and  the  military  authorities  as  aforesaid. 

4.  That  all  free  negroes  thus  detailed,  and  appearing  at  the  place  what  -ompen- 
of  rendezvous,  shall  be  received   into  public  service   (under  such  an'o^and*  ^ 
officers  as  may  be  detailed  by  the  commandant  as  aforesaid  to  receive  tLqw,j£  '"rvi<* 
them)  as  laborers,  on  condition  that  they  be  entitled  to  such  com- " ''""' 
sensation,  rations,  quarters  and  medical  attendance  as  may  be  al- 
lowed other  labor  of  a  similar  character  employed  in  the  public  ser- 
vice; and  that  they  shall  not  be  detained,  at  any  one  time,  for  a 

longer  period  than  sixty  days,  without  their  consent. 

.">.    That  any  free  negro  duly  detailed  and  notified  as  aforesaid,  who  IWttei  whe. 
shall  fail  or  refuse  to  obey  the  requisition  as  aforesaid,  shall  be  sub-  B"rvi''' ,**fc*a 
ject  to  the  penalties  provided  by  law  for  persons  drafted  from  the  mi- 
litia, and  failing  or  refusing  to  obey  Bnofa  draft. 

C.    Snob  five  negroes  shall,  whilst  engaged  in  the  public  service  as 
■for*  nbjeol  to  the  rales  and  articles  nf  war. 

7.    The  county  and  corporation  courts  are  authorised  tfl  ltho. 

enroll  as  volunteers  all  inch  able  bodied  free  Degrees  as  may  offer^ 
themselves  for  such  service  as  ii  herein  before  provided  for;  and,  in 


/ 


OBDINAN<  ES   OF   THE   VIRGINIA    CONVENTION. 

case  of  any  requisition  for  labor  from  any  county  or  corporation,  no 
draft  shall  be  made  until  the  list  of  volunteers  shall  be  exhausted. 

8.    This  ordinance  shall  be  in  force  from  and  after  its  passage. 


Basks  r 
to  rec-'i . 
gory  notes 
trade*  certain 

conditions 


!so.  85. — An  ORDINANCE  requiring  the  Banks  to  receive  tlic  Treasury 
Notes  of  this  Commonwealth. 

Passed  July   1,  1861. 

Be  it  ordained,  that  whenever  any  hank  in  this  commonwealth 
shall  fail  or  refuse  to  receive  on  deposit,  or  in  payment  of  debts  due 
to  it,  the  treasury  notes  issued  in  pursuance  of  an  ordinance  passed 
the  thirtieth  day  of  April  eighteen  hundred  and  sixty-one,  entitled 
an  on  to  authorize  the  issue  of  treasury  notes,  and  of  an  ordi- 

nanc  the  twenty-eighth  day  of  June  eighteen  hundred  and 

sixty-one,  entitled  an  ordinance  authorizing  treasury  notes,  and  con- 
cerning the  banks,  that  it  shall  be  the  duty  of  the  governor  to  pro- 
hibit, by  proclamation,  the  notes  of  such  bank  from  being  received 
in  payment  of  taxes  and  other  public  dues  :  provided,  however,  the 
said  banks  shall  not  be  required  to  pay  any  interest  that  may  have 
accrued  on  said  notes  at  the  time  when  they  are  received. 


No.  80. — Au  01  DE  to  provide  for  cha  i  certi- 

fying Elections  in  certain  contingencies. 

Passed  July  l,  1861. 

Commissioners  Be  it  ordained,  that  iu  all  elections  hereafter  held  in  this  common- 
place of  "meeting  wealth,  the  general  election  laws  now  in  force  shall  be  re-enacted  in 
tooompftropoiirf  a]j  reypects,  except  that  the  commissioners  superintending  or  the 
officers  conducting  elections,  or  those  whose  duty  it  may  be  to  com- 
pare polls  or  certify  elections,  if  prevented  from  meeting  at  the 
places  now  prescribed  by  law,  by  reason  of  danger  from  the  public 
enemy,  shall  be  allowed  to  meet  for  such  purposes  at  such  other 
place  within  this  state  as  the  said  commissioners,  officers  or  others 
certifying  elections  may  designate. 


Auditing  board 
for  army  and 


No.  87. — An  ORDINANCE  to  provide  for  the  Laborers  at  Harpers  Ferry. 

PiiKsod  July  J,  1861. 

1.    Be  it  ordained,  that  the  board  for  auditing  army  and  naval  ex- 
penditures be  authorized  to  pay  to  the  laborers  at  the  Harpers  Ferry 


7  * 

ORDINANCES    OF    THE    VIRGINIA    CONVENTION.  <)9 

armory,  •who,  in  the  struggle  now  pending,  have  united  themselves  naval  expend* 

.,,_,.,  ~,    .  ,,  ,  .    ,      .,  ,,     turea  authorized 

with  the  Confederate  States,  the  sums  to  winch  they  are.  severally  to  pay 
entitled  for  labor  by  them  performed  from  the  twentieth  day  of  Feb- 
ruary eighteen  hundred  and  sixty-one  to  the  nineteenth  day  of  April 
of  the  same  year. 

2.    This  ordinance  shall  he  in  force  from  its  passage. 


No.  88.— An  ORDINANCE  to  provide  for  drafting  the  Militia  of  tho  State. 

Passed  July  1,  1861. 

1.  l?c  it  ordained,  that  whenever,  in  the  progress  of  the  existing  Governor  may 
war,  this  state  shall  be  called  upon  to  contribute  her  proportion  of  ™ 

troops  to  the  army  of  the  Confederate  States,  the  governor  may  ac- 
cept volunteers  to  the  extent  of  the  requisition  :  and  if  there  be  any 
deficiency  in  the  number  of  volunteers,  the  same  may  be  supplied  by 
a  draft  from  the  militia. 

2.  In  making  any  such  draft,  it  shall,  a?  far  as  practicable,  be  ap-  How  draft  to 
portioned  among  the  counties  and  cities  of  the  state,  so  as  to  give  to   8  appor 
each  fair  credit  for  the  number  of  volunteers  theretofore  furnisl 
and  the  name  principle  shall,  ]  may  be,  be  extended  to  tho 
apportionment  among  company  districts  in  any  county  or  city. 

ii.   The  governor  shall  have  authority  to  prescribe  such  regula- Regulations  to 
tions,  in  addition  to  or  in  lieu  of  those  now  established  by  law,  as  by  f,'oCv<rnoCr 
will  enable  him  to  tarry  into  full  effect  the  principle  above  declared. 


INDEX. 


ACADEMY. 

Ordinance  in  relation  to  West  Liberty,  61 

Work  on,  suspended,  61 

Act  authorizing  loan  thereto,  repealed,  61 

ADJUTANT. 

How  appointed,  62 

AUDITOR  AND  TREASURER. 

May  issue  treasury  notes,  60 

Additional  pay  allowed  to,  60 

Authorized  to  settle  with  sheriffs,  61 

ADVISORY  COUNCIL. 

Ordinance  establishing-,  repealed,  51 

AIDS  TO  THE  GOVERNOR. 

Number  of;  how  appointed,  63 

What  number  shall  receive  pay,  6.'] 

Rank  of,  q;j 

APPORTIONMENT  OF  REPRESENTA- 
TION. 

Ordinance  apportioning-  the  state,  61-2 

RANKS. 

Authorized  to  purchase  county  bonds,  r>0 

Ordinance  for  relief  of,  54 
Ordinance   authorizing*   change   of 

places  of  business,  54 
Obligation  of  parties  to  notes,  continued,  55 
Certain  acts  in  relation  to  banks,  sus- 
pended, 59 
Discounts  and  loans  increase  d,  59 
■  ceive  and  ory  notes,  r.'.t 
May  have  notes  countersign)  I.  60 
Banks  required  to  rea  ire  treasury  not. 

BONDS. 

I  'out.  derate  States  bond-,  66 

Coupon  bonds,  64 

State  bonds,  gg 


CADETS  OF  VIRGINIA  MILITARY 
INS  11  rUTE. 
Ordinance  allowing  compensation, 

pas-.  ■!.  -,. , 

CLERKS 

Auditor  may  appoint  < •: 

■   (ion  at  military  encamps 
bow  appointed,  c,\ 

COMMISSIONERS. 

Of  elections  at  military  encampments, 
by  whom  appointed. 


Of  the  revenue,  may  be  appointed  by 

the  auditor  in  certain  cases,  56 

CONFEDERATE  STATES  BONDS. 
Commissioners  to  collect  subscriptions 

to,  how  appointed,  66 

Subscriptions  in  writing  binding  on 

parties,  66 

CONVENTION. 

Between  Virginia  and   Confederate 

States,  45 

Of  Virginia,  how  paid,  60 

COUNTY  AND  CORPORATION 
COURTS. 

Authorized  to  provide  for  families  of 

soldiers,  59 

Acts  of,  legalized,  50 

Jurisdiction  of,  extended,  58 

May  appoint  commissioners  to  collect 
subscriptions  to  Confederate  States 
bonds,  66 

May  enroll  free  negroes  in  public  ser- 
vice. 67 

CONSTITUTION  OF  CONFEDERATE 
STATES. 

Ordinance  adopting  the  same,  passed,         51 
Right  to  repeal  or  annul,  reserved,  51 

COUPON  BONDS. 
Not  convertible  into  registered  stock,  64 


K  MICTIONS. 
Of  persona  holding  military  commissions, 

legalized,  5] 

Of  members  of  congress  of  Confederate 

States,  how  to  proceed,  Qg 

At  military  encampments,  64 

Returns,  how  ma  65 

Commissioners,  how  appointed,  and  their 

duti  flr, 

Place  for  certifying,  may  be  changed,         68 

I  I  i:<   rORS  OF  PRESIDENT  AND 
VICE-PRE8E 
Ordinance  apportii  i,:\ 

Number  to  be  "  1. 

When  and  wh<  re  th  v  shall  • 

\  .  bow  suppl  ii4 

of, 
D  at  military  encamp- 
""  '  64 

Returns,  how  made,  65 


72 


INDEX. 


n   FREE  NEGROES. 

Ordinance  enrolling  same  for  public  ser- 
vice, 

Commanding  officer  may  make  requisi- 
tion, 

i  >n,  how  allowed, 
Penaltii  -  wh<  d  service  refused, 

Courts  authorized  to  accept  service, 


GOVERNOR. 
Aids  to,  how  appointed, 
Ordinance  authorizing,  to  draft  militia, 


HARPERS  FERRY. 
Ordinance   in  relation   to   paymaster, 

-cd, 
Ordinance  in  relation  to  laborers,  passed, 


MILITIA. 

Ordinance  authorizing  draft  by  go- 

vernor, 
Time  of  service  prescribed, 
How  armed, 
How  paid, 

MILITARY. 

Ordinance  exempting-  certain  persons 
from  duty, 

MILITARY  INSTITUTE. 
Cadets  of,  allowed  compensation, 


NORTHWESTERN  LUNATIC 
ASYLUM. 
Ordinance  in  relation  thereto. 


OATHS. 

Holders   of    state   bonds   required   to 

take,  in  certain  ■ 
Second  auditor  and  others  authorized 

to  administer, 

ORDINANCES. 

Authorizing-    and    directing    impri 
nients  and  repairs   to   be  made  on 
tlie  Staunton  and  Parkersburg  turn- 
pike road, 

Conc<  '  is  persons, 

Providing  for  the  speedy  completion  of 
rail  road  connections  between  Rich- 
mond and  Harpers  Kerry, 

To  authorize  the  county  courts  to 
make,  provision  for  the  maintenance 
of  the  families  of  soldiers  in  the 
actual  service  of  the  state  or  th< 
Confederate  Stales,   and   for  other 

PU1T 

To   legalize    the   elect 

mi  cabers  eleel    It  x.t  general 

assembly, 

To  repeal  the  ordinances  concerning 
the  advisory  council, 

Adopting  the  constitution  of  the  Con- 
federate States, 


5  s' 


49 


In  relation  to  the  Huttonsville  and 
Marlin's  Bottom  turnpike  i 

Concerning  the  cadets  of  the  Virginia 
military  institute, 

For  the  protection  of  property  in  c 
ties  of  tin-  state  not  actually  im 

To  authorize  a  connection  between  tl  e 
Richmond.  IV 

tomac  and  Richmond  and  Peters- 
burg rail  roads  in  Richmond,  and 
between  the  Richmond  and  Pi 
burg  and  Petersburg  rail 
Petersburg, 

To  repeal  the  5th  section  of  an 
entitled  an  act  for  the  relief  oi 
banks  of  this  commonwealth, 

Concerning  ordinances  of   a  g.         I 
legislative  character,  and  provi 
for  their  publication  a  ion, 

Authorizing  banks  to  change  their 
places  of  business, 

To  amend  and  re-enact  an  ordin  ee 
entitled  an  ordinance  to  authori  a 
connection  between  the  Richmond, 
Fredericksburg  and  Potomac  rail 
road  and  the  Richmond  ami  P 
burg  rail  road  in  Richmond;  and 
between  the  Richmond  and  P< 
burg  rail  road  and  Petersburg  rail 
road  in  Petersburg,  passed  June  24, 
1861, 

Providing  for  the  appointmi 

missioners  of  the  revenue  and  col- 
lectors of  taxes  in  ,  and 
providing  for  the  absi  oi  the  au- 
ditor of  public  accounts, 

Respecting  the  revenue  of  the  Literary 
fund, 

Extending  the  jurisdiction  of  the  c 
ty  courts  in  certain  ( 

To  amend  an  ordin:1;  May 

1st,  1861,  concerning  persons  ex- 
empt from  military  dutj', 

In  relation  to  the  interest  of  the  state 
bonds, 

To  prohibit  citizens  of  Virginia  from 
holding  office  under  the  United 
States  government. 

Authorizing  treasury  notes,  and  con- 
cerning the  banks, 

For  the  relief  of  sheriffs  of  cerl 
counties, 

Concerning  the  Northwestern  lunatic 
asylum,  and  the  YV  aca- 

demy, in  Ohio  county, 

For  the  apportionment  of  repre 
tion  in  the  congress  of  tin 
rate  Si 

Concerning  the  office'  of  adjutant, 

Concerning  the  appointment  ol 
by  the   governor  of  the   common- 
wealth, 

Providing  for  the  election  of  electors 
of  president    and   viec-preskh  I 
the  Confederate  Stati 

To  authorize  the  administration  of 
oaths  by  the  second  auditor  and 
others, 

To  authorize  the  qualified  voters  of 
the  commonwealth,   who    may  be 


51 
52 
R2 


53 

54 

54 
54 


55 

56 
57 

58 

58 

58 

59 
59 
60 

61 


61 
62 


63 
63 

64 


INDEX. 


73 


absent  from  home  in  the  military 
service,  to  vote  at  the  places  of 
their  ent  for  electors   for 

pr<  ;    vice-president,  and 

for  membi  rs  of  64 

Concerning    the    Confederate    Slates 

bin  06 

To  sul  rtain  words   for   the 

words  "  United  Slates,"  in  the  laws 
of  this  commonwealth,  6  i 

.  ials  for  (reason,  *'.  > 

Respe  -  master  at  Har- 

I    i  66 

To  provide  u  the  enrollment  and  em- 
ploymonl  nf  free  negroes  in  the 
public  :    ivice,  67 

Requiring  the  banks  to  receive  tho 
treasury  notes  of  this  common- 
wealth, 68 

:.-  the  places  for 
certil  in  certain  con- 

68 

To  pi.  i!  Harpers 

Ferry,  68 

To  pi  ing  the  militia  of 

the  69 

WML  ROADS. 
Ordina  ing  connection  bc- 

tw<  ■  i'l  and  Harpers  Ferry,       49 

in  relation  to  Richmond, 
1  and  Potomac  and 

Ri<  hmond  and  Pi  teisburgrail  read 
in   Ri  Richmond  and 

load  in  Petersburg,    53,  55 

REVENUE. 
Ordinanc  s  rro\  ding  for  appointment 

is  of,  56 

Auditor  H'i\  appoint,  56 

I'*  •  aged,  57 


SCITOOLS  AND  COLLEGES. 

Ordinance  in  relation  to  West  Li 
academy, 


61 


SHERIFFS  AND  COLLECTORS. 
Ordinance  in  a  1  tion  thereto,  56,  60-61 

Vacancies,  how  tilled,  57 

In  counties  invaded,  how  auditor  may 
pri  i<  61 


SPICIOUS  PERSONS. 
Ordinance  in  relation  thereto, 


49 


TAXI'S. 
How  collectors  of,  may  be  appointed,         56 

TREASON. 

"Who  guilty  of,  59 

Trial  of,  how  provided  for,  66 

TREASURY  NOTES. 

59 

Governor  authorized  to  bave  issued,  (>0 

When  convertible  into  registered  bonds,  60 

When  to  beai  inl  60 

Shall  be  receivable  for  taxes,  &c.  60 

b    1  to  n  ceive,  68 

TURNPIKES, 
race  in  relation  to  Staunton  and 
Parkersburg,  49 

Ordinance  in  relation  to  lluttonsvillo 
and  Martin's  Bottom,  51 


UNITED  STATES. 
Citizens  of  Virginia  prohibited  from 
holding  <  ffice  under,  59 

Ordinance  substituting  certain  words 

therefor,  G6 


RESOLUTIONS 

Adopted   by  the    Virginia    State   Convention,   July    1,    L861 


Mr.  Barbour  of  Culpeper,  from  the  oomtnitl to  confoi  with  the 

authorities  of  the  confederate  relations,"   presented    tin-  following 
report  : 

The  committee  on  confederate  relatione  having,  aooording  to  order, 
considered  the  communication  from  the  executive  in  relation  to  cer- 
tain Uuited  stales  officers,  have  come  to  the  following  resolution, 
which  they  t  od  for  adoption  by  th  ion  : 

Resolved,  that  the  governor  of  the  commonwealth  be  requested  tOGoven 
take  the  necessary  measui  irtain  to  whal  citizens  of  the  com- 

:i!rii  an  1   "i    •  srnment  of  the   United  '    ', 

rvices  rendered  sail  government 

prior  t"  Ilia,  and  to  report  the  foots  to  the  con-  Report  to  be 

...  ,  mndp  rr,  con- 

vention at  its  adjourned  sosion. 


Mr.  Barbour  of  Culpeper,  from  the  same  committee,  presented  the 
following  resolutions,  which  were  adopted  : 

>lved,  thai  mor  be  requested,  in  accepting  tenders  of  in  receiving 

tro»ps  under  any  requisition  of  the  oonf  ivernment,  to 

heretofore  i  !h?V" 

1  •  '1  by 

sinned  in  the  provisional  army  of  Virginia.  pro- 

my 

B  ■  srs  in  the  pr  .-f  Virginia  shall  wh«  offlcen  to 

her  ■  i  ;■.-  b  ■  in  a  •••:  il  ser 

i  •  1.  that  nothing  herein  ■ 
interfere  with  the  obligation  of  tlie  state   to  offl  •  srs   i 
til-  army  of  the  United  9  u  in 

tho  provisional  army  of  VLrpiDia 


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